Since May 2020, truckers have been able to file DataQs requesting that the Federal Motor Carrier Safety Administration (FMCSA) evaluate the preventability of 16 specific crash types. In April 2023, FMCSA proposed changes to existing and new crash types in the Crash Preventability Determination Program (CPDP) and announced a 60-day review and comment period for stakeholders.
ICSA filed comments on its members’ behalf to support a change, among others, that allows for submission of video demonstrating that the truck driver could not have prevented the crash. ICSA’s members have a built-in advantage with in-cab cameras in place that often show that the truck driver is not at fault in a crash.
We also joined American Trucking Associations, Inc. in supporting a change to the crash type originally worded as “When the CMV was struck by a driver who admitted to falling asleep or admitted to distracted driving”. Commenters pointed out that few, if any, guilty motorists would willingly admit to these serious errors and FMCSA removed the admission requirement.
In addition to allowing carriers to submit video demonstrating crashes as non-preventable, FMCSA added these three eligible crash types experienced by commercial vehicles. Additional crash types added to the CPDP are listed here:
For a complete list of crashes eligible to be deemed non-preventable, click here.
As we start 2025, consider this a status report on rules that were implemented, rules that were proposed and are going through the rulemaking process and rules that are in limbo, mostly as agencies wait for guidance from the incoming Trump Administration.
The legal requirement to file Beneficial Ownership Information Reports (BOIRs) with FinCEN has been suspended by a court decision.
ICSA believes that carriers that operate safely should be rewarded and that FMCSA should offer real incentives for carriers to take steps to operate safely without the government mandating those steps.