The Federal Motor Carrier Safety Administration (FMCSA) has introduced a pivotal update to its Crash Preventability Determination Program (CPDP), expanding the list of non-preventable crash types by four. This development brings the total number of eligible crash categories to 21, offering motor carriers a more comprehensive and equitable evaluation of safety performance. The update underscores FMCSA’s commitment to aligning its safety scoring systems with the realities faced by modern fleets and drivers.

The CPDP serves as a cornerstone of FMCSA’s Safety Measurement System (SMS), which evaluates and prioritizes motor carriers for safety interventions. By distinguishing between preventable and non-preventable crashes, the program ensures that safety scores reflect incidents truly under the control of motor carriers. With this expansion, FMCSA takes another step toward fairer treatment of motor carriers while advancing road safety.

Newly Recognized Non-Preventable Crash Types

The four newly added crash categories include incidents where:

1. A commercial motor vehicle (CMV) is struck on the side by a motorist traveling in the same direction.
2. A CMV is hit by a vehicle entering the roadway from a private driveway or parking lot.
3. A CMV is involved in a crash caused by another motorist losing control of their vehicle.
4. A crash involving a CMV is clearly documented via video evidence, showing the sequence of events leading to the incident.

These additions are determined using a preventability standard focused on whether a driver exercising reasonable foresight and judgment could have avoided the crash without risking another incident. This nuanced approach acknowledges the complexities of real-world driving conditions while leveraging advances in technology, such as video documentation, to ensure objective assessments.

Implications for Motor Carriers and Drivers

For motor carriers, the CPDP provides a critical mechanism to address inaccuracies in safety records. When crashes are deemed non-preventable, they are excluded from the Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC) scores in FMCSA’s SMS. This adjustment reduces the risk of unfair penalties that could otherwise harm a carrier’s reputation and operational opportunities.

Non-preventable crashes are also flagged in FMCSA’s Pre-Employment Screening Program (PSP), providing a clearer record of a driver’s performance for prospective employers. By differentiating between crashes a driver could and could not control, the program helps drivers maintain fair and accurate professional records in an increasingly competitive market.

Industry Support and Concerns

The industry has broadly welcomed the expansion. American Trucking Associations (ATA) has long advocated for a system that excludes non-preventable incidents from safety scores. “ATA is pleased with the proposal to expand the CPDP; however, we are concerned that the increase in program eligibility will add to an already overburdened program with significant delays,” ATA stated. On average, ATA members report wait times of 90 days or more for determinations, underscoring the need for FMCSA to streamline the process.

Leading motor carriers like J.B. Hunt and Werner Enterprises also expressed strong support for the updates. J.B. Hunt highlighted the benefit of directing FMCSA’s safety interventions toward carriers with higher rates of preventable crashes. Werner Enterprises specifically praised the inclusion of video evidence as a means to ensure accurate determinations.

However, challenges remain with the DataQs system, which carriers use to submit crash review requests. The platform’s limitations—such as file size restrictions and compatibility issues—have frustrated users. Industry stakeholders have called for system upgrades to improve functionality and reduce bottlenecks in the review process.

Transparency vs. Practicality

FMCSA’s policy of publicly displaying all crashes, regardless of preventability, has sparked debate. While transparency is essential, some argue that categorizing crashes more distinctly in public records would better reflect a carrier’s actual safety performance. This approach could help balance the need for openness with the practical implications of safety scoring for carriers and drivers.

FMCSA has emphasized that preventability determinations are not tied to legal liability or fault. Unlike civil or criminal proceedings that assign responsibility, the CPDP focuses solely on safety performance, ensuring its determinations remain a tool for improving road safety rather than a judgment of legal culpability.

Broader Implications for the Industry

The expansion of the CPDP aligns with broader trends in the trucking industry, where data-driven technologies and equitable practices are reshaping safety and operational standards. Video telematics, for instance, has become a cornerstone of modern fleet management, offering objective insights into crash events and driving behavior.

By incorporating video evidence into its framework, FMCSA not only enhances the accuracy of its determinations but also sets a precedent for leveraging technology in regulatory practices. The inclusion of these tools helps carriers demonstrate their commitment to safety while ensuring that the nuances of on-the-road incidents are accurately represented.

The Path Forward

The FMCSA’s decision to expand the CPDP reflects a commitment to fairness, innovation, and road safety. However, the program’s success hinges on addressing its operational challenges, particularly delays in crash reviews and the limitations of the DataQs system. Allocating adequate resources to manage the increased workload and investing in system upgrades will be critical to sustaining the program’s momentum.

As the backbone of the American supply chain, the trucking industry deserves a regulatory environment that prioritizes accuracy and fairness. By continuing to refine its safety scoring systems, FMCSA can foster a safer, more equitable industry while ensuring that its regulatory framework keeps pace with the realities of modern trucking.

This expansion represents progress, but it is also a call to action for FMCSA and industry stakeholders to collaborate, innovate, and build a system that drives safety and accountability forward.