While a CPDP determination of not preventable does not remove the crash from the SMS website and is not admissible as to legal liability, there are benefits for motor carriers and drivers.


Prior to May 2020, Federal Motor Carrier Safety Administration (FMCSA) used all crashes regardless of preventability in calculating a motor carrier’s Crash Indicator Behavior Analysis and Safety Improvement Categories (BASIC). A poor score in this BASIC could lead FMCSA to target the motor carrier as high risk for investigation and enforcement purposes and could impact the carriers’ ability to participate in bypass programs.


Following industry and law enforcement concerns, the FMCSA began a demonstration project in July of 2017. The goal was to identify whether certain commercial motor vehicle-involved crashes could be determined as not preventable by the motor carrier or the commercial motor vehicle (CMV) driver.


In May 2020, FMCSA announced the completion of the Crash Preventability Demonstration Project and the beginning of the Crash Preventability Determination Program (CPDP). Under the CPDP, FMCSA will exclude from the Crash Indicator BASIC calculation any crashes with “not preventable” determinations. Crashes, on the other hand, which receive a CPDP determination of “preventable” or “undecided” will still be included in the Crash Indicator BASIC calculation. FMCSA will continue to list all crashes on SMS, but not preventable crashes will be listed separately.


The CPDP determination relates to the “preventability” of a crash. Preventability is a higher standard than fault. Under 49 U.S.C. (United States Code) section 504(f), the CPDP determinations are not admissible in a civil action for damages.


IMPROVE YOUR SAFETY SCORES BY REMOVING NOT PREVENTABLE CRASHES FROM FEDERAL CALCULATIONS 2


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