The Federal Motor Carrier Safety Administration (FMCSA) is proposing to develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that are generally less complex.

The agency proposes to accept requests for data reviews (RDRs) that seek to establish the non-preventability of certain crashes through its national data correction system known as DataQs. FMCSA’s notice proposes that the agency would accept an RDR, as part of this program, when documentation established that the crash was not preventable by the motor carrier or commercial driver.

A crash would be considered “not preventable” if the commercial motor vehicle (CMV) was struck by a motorist who was convicted of one of the four following offenses or a related offense:
  • Driving under the influence.
  • Driving the wrong direction.
  • Striking the CMV in the rear.
  • Striking the CMV while it was legally stopped.

“The motorcoach industry has been seeking a means for requesting data reviews of accidents for a long time and we applaud the FMCSA for taking the steps to make this a reality,” said ABA President & CEO Peter J. Pantuso. “This program will help keep our members from wrongfully having blights on their safe driving records when accidents are not their fault. We look forward to working with the FMCSA throughout this process.”

The proposed minimum time period for this crash preventability demonstration program would be 24 months.

Click here to read the Federal Register notice.

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