FMCSA Updates the Crash Preventability Determination Program: What Fleets Need to Know
The Federal Motor Carrier Safety Administration (FMCSA) has finalized significant updates to its Crash Preventability Determination Program (CPDP), a key tool for fleets looking to improve their fleet compliance metrics including CSA scores. As forecasted in an earlier article, the CPDP, which allows motor carriers to challenge the classification of certain crashes as "non-preventable," is now being expanded to include new crash types and streamline the determination process. Here’s an in-depth look at these changes and what they mean for the trucking industry.
Background on CPDP
First piloted in 2017 and formalized in 2020, the CPDP allows carriers to submit Requests for Data Review via FMCSA’s DataQs system to challenge the preventability of their DOT-recordable accidents. Through this process, FMCSA evaluates whether a crash could have been reasonably avoided by the commercial motor vehicle (CMV) driver. Until now, only 16 specific crash scenarios were eligible for review. These were primarily accidents types that were easy for the agency to determine who was at fault, including instances where a CMV was struck in the rear or while legally parked. However, feedback from stakeholders indicated the program’s scope and procedures were too limited. In response, FMCSA proposed changes in April 2023, inviting public comments to refine the program further. Those changes are now going into effect.
Key Changes to the CPDP
FMCSA’s finalized CPDP updates include the following:
1. Expanded List of Eligible Crash Types
The number of crash scenarios eligible for review has been expanded by four additional crash types. These include:
Crashes where the CMV was struck on the side by a motorist traveling in the same direction.
Incidents involving motorists entering the roadway from private driveways or parking lots.
Crashes caused by motorists who lost control of their vehicles, with police reports documenting the loss of control.
Any other crash type where video evidence demonstrates the sequence of events, offering broader applicability for various scenarios.
These additions aim to capture a wider range of crash circumstances, enabling carriers to challenge preventability in previously excluded cases. Carriers should take particular note of the last of the four additional crash types. In our view, this is a fairly broad category, presuming of course the carrier has video evidence to substantiate that the crash was not preventable on its driver's part.
2. Revisions to Existing Crash Types
A few crash types were redefined to broaden eligibility:
"Struck by a motorist under the influence": No longer requires proof of arrest, allowing cases with police-reported indications of intoxication to qualify.
"Struck by a driver who admitted falling asleep or being distracted": Removed the requirement for the driver’s explicit admission, making it easier for carriers to provide evidence.
Language adjustments now allow multi-vehicle crashes to qualify under specific categories, addressing prior exclusions.
3. Video Evidence Enhancements
As noted, one of the most significant updates, at least in our opinion, is the acceptance of video footage as primary evidence. Carriers will now be able to submit onboard camera recordings, surveillance footage, or other videos that clearly depict the crash sequence. This change acknowledges the growing reliance on technology to provide unbiased crash documentation. To facilitate this change, the FMCSA has will improve its DataQs system to support larger file sizes (up to 25 MB) and more file formats, addressing concerns about upload challenges.
When Do These Changes Take Effect?
While these updates are not fully retroactive, the updated criteria will apply to crashes occurring on or after December 1, 2024. According to the agency's notice, "FMCSA will post information on the CPDP website https://fmcsa.dot.gov/crash-preventability-determination-program notifying submitters of the date when FMCSA will accept submissions under the new and updated crash types set forth in this notice." In other words, FMCSA will be making necessary updates to the CPDP website over the next several weeks in order to begin accepting the newly eligible crash types. Once those changes are made, the system will accept for review crashes meeting the eligibility guidelines dating back to December 1, 2024.
Public Feedback and FMCSA’s Response
The proposal generated over 60 unique comments from industry stakeholders, including motor carriers, drivers, and trade associations. Most supported the changes, particularly the inclusion of video evidence and expanded crash types. That said, some concerns were raised:
Video Privacy and Security: Some commenters worried about the confidentiality of video submissions. FMCSA clarified that all files are encrypted and retained only as long as legally required.
Turnaround Times: Multiple commenters criticized the slow review process for CPDP requests. FMCSA acknowledged the need for timely determinations but maintained that the responsibility for submitting complete and accurate documentation lies with carriers.
Documentation Challenges: Industry groups requested more flexibility in documentation requirements, such as allowing alternatives to police accident reports (PARs). FMCSA declined, citing the PAR’s reliability as the most comprehensive crash record.
Impact on FMCSA’s Safety Measurement System (SMS)
FMCSA’s approach to integrating CPDP outcomes with the SMS remains unchanged. Crashes determined to be “not preventable” will not contribute to a carrier’s Crash Indicator BASIC score. However, the crash record will still appear in a separate table on the SMS website for transparency.
Conclusion
The FMCSA’s updates to the Crash Preventability Determination Program mark a significant step forward for the program. By expanding eligibility and incorporating new evidence standards, the agency has provided carriers with more options to improve their safety metrics, namely their Crash Indicator CSA scores. As these changes roll out, fleets should stay informed, leverage technology, and actively engage with the CPDP to ensure their compliance and safety performance are accurately represented.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.