Login
DOT & ELD Guidance Blog

Crash Preventability Determination Program Proposed Update: What You Need to Know About Dash Cams

The FMCSA has proposed an update to the Crash Preventability Determination Program. One of the proposed changes would significantly affect dash cam users.

J.J. Keller Industry Consultant Tom Bray

Tom Bray - Sr. Industry Business Advisor - J. J. Keller & Associates, Inc.

May 19 , 2023

The Federal Motor Carrier Safety Administration (FMCSA) has proposed an update to the Crash Preventability Determination Program (CPDP). This proposed update is big news because FMCSA is considering expanding the types of crashes they review. One of the proposed changes would significantly affect dash camera users.

What is the CPDP?

The CPDP allows a carrier to request a preventability review of a crash. If it is found not preventable, the crash will not be scored in the carrier's Crash BASIC in the Compliance, Safety, Accountability (CSA) program. “Not-preventable” means the carrier’s driver did not cause the crash and could not have avoided it.

Current Program

For a crash to be reviewed, it has to fall into specific categories (struck in the rear, struck in the rear at the side, struck by a motorist going the wrong direction, etc.).

To request a preventability review for a crash that meets eligibility criteria, the carrier must:

  1. Initiate a DataQs request for data review (RDR) asking for a preventability determination.
  2. Provide a copy of the police accident report and any other documents to support their argument.
  3. Submit post-crash drug and alcohol test results if there was a fatality.

Additional Crash Types Eligible for Review

If the proposed update is adopted, FMCSA would also accept preventability RDRs for more types of crashes. For example, one of the new categories would be a crash where video provided by the carrier demonstrates the crash was not preventable.

Dash Camera Footage Could Make Any Crash Reviewable

This is a game-changer - any crash can be reviewed and determined to be not preventable, not just the ones that fall into specific categories. If video footage from a dash camera proves the crash was not preventable, FMCSA will review it and make a preventability determination.

Adding to the List of Reasons to Have Dash Cams

Many carriers have experienced the advantages of dash cameras. First, there is the exoneration power of dash cameras. Having video footage that clearly shows what happened when the crash occurred allows a carrier to settle accident claims quickly.

Second, there is the reduction in crashes many carriers using dash cameras have experienced. This is because dash cameras allow the carrier to locate problem behaviors and counsel, coach, and retrain the drivers involved. The benefit of fewer crashes is a reduction in claims losses and an improvement in the carrier’s Crash BASIC score in CSA.

If passed, this proposal would provide an additional advantage to having dash cameras.

Timing

The process the FMCSA follows is to propose changes to the program in the Federal Register, gather comments on the proposed changes, and then make adjustments based on the proposal and comments. The bottom line is that changes are coming, but they could be months away. This gives carriers time to prepare.

Try the J. J. Keller® Dash Cam Pro and Video Event Management for Free

Request your free Dash Cam Pro Trial Kit! You get the J. J. Keller® Dash Cam Pro and adapter, 60-day access to view driver videos in the Encompass back office, and support from our Customer Care team. Experience best-in-class risk mitigation with the Encompass® Dash Cam Pro and Encompass® Video Event Management. Sign up or call and speak with a compliance specialist at 855-693-5338.


blog


Crash Preventability Determination Program Proposed Update: What You Need to Know About Dash Cams

The FMCSA has proposed an update to the Crash Preventability Determination Program. One of the proposed changes would significantly affect dash cam users.


blog


Get Your Drivers Ready for 2023 CVSA International Roadcheck

CVSA International Roadcheck is coming May 16-18 with a particular focus on ABS and cargo securement. Here are five tips to prepare for a successful Roadcheck event.


blog


Building Success: The Foundation for Corrective Action Training Programs

Learn how to improve your company's safety metrics, better retain drivers, and reduce the chance of an accident with corrective action training.