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

The Federal Motor Carrier Safety Administration (FMCSA) has updated the Crash Preventability Determination Program (CPDP). This update is big news because FMCSA is expanding the types of crashes they review. One of the changes sifnificantly affects dash camera users.

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.

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.

With this update, FMCSA is accepting preventability RDRs for more types of crashes. For example, one of the new categories is a crash where dash camera video provided by the carrier demonstrates the crash was not preventable.

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.

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.

This update to the Crash Preventability Determination Program provides an additional advantage to having dash cameras.

The FMCSA announced in a Federal Register, notice that the new eligibility criteria went into effect for crashes occurring on or after December 1, 2024. Therefore, if you had a crash that occurred on or after that date, you can ask for a preventability determination based on dash camera video footage alone.

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