Crash Preventability and Police Accident Reports

In early May 2020, the FMCSA finalized its Crash Preventability Determination Program. The new program arrived without much fanfare and industry applause. This month we are encouraging carriers to use it, and not just to improve CSA scores and profiles.



Tucked away in the new and permanent program is a requirement that carriers and driver submitting a request for a crash review include a copy of the police accident report which provides specific details about the crash. This is a clear acknowledgement by FMCSA that crash causation CAN be reliably ascertained from the police accident report, a conclusion several researchers have already reached. These police accident reports will be an important source of learning as FMCSA embarks on an effort to reboot a Large Truck Crash Causation Study. Police accident reports are a great source of data from which experts can draw important conclusions about how and why crashes occur.



One lesson we can learn from some of the safest fleets in the industry is that preventing crashes begins with understanding their root cause. Police accident reports are a great source of information that will improve our understanding and help prevent crashes in the future.



FMCSA Turns to Remote Compliance Reviews During COVID-19



The Federal Motor Carrier Safety Administration has ramped up remote safety compliance reviews because of the COVID-19 pandemic. In a guidance issued May 20, FMCSA said that during the public health emergency, it will conduct compliance reviews “by leveraging all available technology” to access information and records.



“Using the same standards otherwise applicable, the FMCSA will assign safety ratings following a compliance review even if no on-site review activities have taken place,” it said.



The agency said it is required by law to determine whether an owner or operator of commercial motor vehicles is fit to operate safely. It usually carries out this duty by assigning safety ratings to fleets following in-depth examination of the carrier’s records and operations.



The agency said technology now allows it to perform the same investigative functions remotely that it could perform previously only by in-person reviews of the motor carrier’s files.



Motor carriers may access and transmit their information through a portal directly with FMCSA and upload documents in a secure environment. Many motor carriers maintain their records electronically and prefer to submit the records directly, from the electronic application where they are stored. Motor carriers may also fax or email documents to FMCSA if they so choose, or if they cannot access the portal. FMCSA may also use email and telephone and video calls as a substitute for in-person interaction with motor carrier officials during the compliance review or to review the findings of the compliance review with company officials during the close out.



Off-site DOT Audits



Because of the Covid-19, it has become more of a safety precaution for DOT inspectors to do an Off-site inspection instead of an on-site inspection.

Here are 5 Things to Know About Off-site DOT Audits

1. Between 2010 and 2018, off-site compliance audits were conducted by FMCSA investigators in only 10 States. 
2. In 2019, off-site audits were performed in 48 States. And now, in 2020, FMCSA investigators in all 50 States are performing off-site audits.
   
3. From October 2019 thru April 2020, the total number of off-site audits was 63% higher than for all of 2019. COVID-19, and FMCSA’s work-from-home order, has accelerated the trend toward more off-site audits.
   
4. FMCSA investigators use special record sampling procedures for off-site compliance audits that differ from procedures used during on-site audits.

Off-site compliance audits never result in the assignment of a carrier safety rating, but can and do result in fines and penalties for certain violations. In some cases, however, if acute violations are discovered, off-site audits can be converted to comprehensive investigations, which may result in the assignment of a safety rating.



NorthAmerican Transportation Association



An advantage of being a member of the NorthAmerican Transportation Association is that we try to keep you informed on how to comply with the regulations in the most cost-effective way.



Francis Bacon, an English philosopher (1561-1626) once said that “Knowledge is Power” All NTA members can have at their finger tips the latest information such as;



• The top DOT policies fixes
• The Red Flag Violations List
• The Six Factors of a Compliance Review
• A List of the nine most DOT Violations
• How ELD Records are Audited for Hours-of-Service Compliance
• List of Critical Violations
• List of Acute Violations
• 
  

So, if you are armed with the knowledge of how to stay out of trouble, then not only being a successful motor carrier, it also makes you a successful professional.