Crash Preventability Program Informational Webinar. Steven Bryan Founder, CEO Vigillo LLC

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1 Crash Preventability Program Informational Webinar Steven Bryan Founder, CEO Vigillo LLC

2 Crash Preventability Program Informational Webinar DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA ] Crash Preventability Program AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for public comment.

3 Crash History 24 months (308,752) 2,968 DOT Recordable Crashes/Week (average)

4 Crash History 24 months

5 Crashes in CSA Accident means (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

6 Crashes in CSA

7 Crashes in CSA ATRI November 2015

8 FAST Act requires Crash Accountability Why What How Who

9 FAST Act requires Crash Accountability Why

10 FAST Act PART II COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM SEC CORRELATION STUDY. SEC BEYOND COMPLIANCE. SEC DATA CERTIFICATION. SEC DATA IMPROVEMENT. SEC ACCIDENT REVIEW.

11 FAST Act SEC CORRELATION STUDY. (a) IN GENERAL. The Administrator of the Federal Motor Carrier Safety Administration (referred to in this part as the Administrator ) shall commission the National Research Council of the National Academies to conduct a study of (1) the Compliance, Safety, Accountability program of the Federal Motor Carrier Safety Administration (referred to in this part as the CSA program ); and (2) the Safety Measurement System utilized by the CSA program (referred to in this part as the SMS ).

12 FAST Act SEC DATA CERTIFICATION. (a) IN GENERAL. On and after the date that is 1 day after the date of enactment of this Act, no information regarding analysis of violations, crashes in which a determination is made that the motor carrier or the commercial motor vehicle driver is not at fault, alerts, or the relative percentile for each BASIC developed under the CSA program may be made available to the general public until the Inspector General of the Department certifies that (1) the report required under section 5221(c) has been submitted in accordance with that section; (2) any deficiencies identified in the report required under section 5221(c) have been addressed; (3) if applicable, the corrective action plan under section 5221(d) has been implemented;

13 FAST Act SEC ACCIDENT REVIEW. (a) IN GENERAL. Not later than 1 year after a certification under section 5223, the Secretary shall task the Motor Carrier Safety Advisory Committee with reviewing the treatment of preventable crashes under the SMS. (b) DUTIES. Not later than 6 months after being tasked under subsection (a), the Motor Carrier Safety Advisory Committee shall make recommendations to the Secretary on a process to allow motor carriers and drivers to request that the Administrator make a determination with respect to the preventability of a crash, if such a process has not yet been established by the Secretary. (c) REPORT. The Secretary shall (1) review and consider the recommendations provided by the Motor Carrier Safety Advisory Committee; and (2) report to Congress on how the Secretary intends to address the treatment of preventable crashes.

14 FAST Act Passes 12/4/2015 National Academies Begins Study 6/29/2016 National Academies submits a report to Congress 6/4/2017 Corrective Action Plan 10/4/2017 CSA Scores Public again? 5/1/ Day Today 9/12/2016 Crash Preventability Program Comments Due 7/12/2016 Crash Preventability Program Announced 10/4/2018 Crash Preventability Program must be in place ** ** assuming every timeline date is met

15 FMCSA s Crash Preventability Demonstration Program What?

16 FMCSA s Crash Preventability Demonstration Program A crash would be considered not preventable if the CMV was struck by a motorist who was convicted of one of the four following offenses or a related offense: 1. Driving under the influence; 2. Driving the wrong direction; 3. Striking the CMV in the rear; or 4. Striking the CMV while it was legally stopped.

17 FMCSA s Crash Preventability Demonstration Program...crashes in which an individual committed suicide by stepping or driving in front of the vehicle or the vehicle was incapacitated by an animal in the roadway or the crash was the result of an infrastructure failure.

18 FMCSA s Crash Preventability Demonstration Program FMCSA notes that this list is not identical to ATA s proposed list. Because some of the crash scenarios submitted by ATA were too broadly defined and/or may not result in Convictions

19 FMCSA s Crash Preventability Demonstration Program How?

20 FMCSA s Crash Preventability Demonstration Program on an effective date to be named in a future Federal Register notice, the Agency would begin a demonstration program under which it would accept requests for data review (RDRs) that seek to establish the nonpreventability of certain crashes through its national data correction system known as DataQs.

21 FMCSA s Crash Preventability Demonstration Program RDRs should include all available law enforcement reports, insurance reports from all parties involved in the crash, and any other relevant information. However, FMCSA specifically seeks comments on what other documentation would be sufficient to make this determination.

22 FMCSA s Crash Preventability Demonstration Program Preventability Decisions The Agency proposes that the RDR would result in one of the following three decisions and actions: 1. Not Preventable In these cases, the crash is removed from SMS. 2. Preventable In these cases, the crash is not removed from SMS for purposes of calculating the Crash Indicator BASIC percentile. FMCSA is considering options for weighting these crashes and is looking at the impacts if the current severity weighting is used (based on crash severity) or if a higher weighting is used since a preventability decision has been made. When crashes are determined to be Preventable, the crash is still listed on the Agency's Web sites with a note that reads, FMCSA reviewed this crash and determined that it was preventable. 3. Undecided In these cases, the documentation submitted did not allow for a conclusive decision by reviewers. When crash reviews are undecided, the crash is not removed from SMS and the severity weighting is unchanged. The crash will still be listed on the Agency's Web sites with a note that reads, FMCSA reviewed this crash and could not make a preventability determination based on the evidence provided.

23 FMCSA s Crash Preventability Demonstration Program Who?

24 FMCSA s Crash Preventability Demonstration Program Reviewers For this demonstration program, FMCSA is proposing to use DataQs to direct these types of requests to a group of reviewers under the Agency's direct supervision. FMCSA has not yet determined whether this would be a dedicated group of FMCSA staff or if these reviews would be conducted by a third party under contract to FMCSA. These RDRs would not be directed to the States.

25 FMCSA s Crash Preventability Demonstration Program Review The public, including motor carriers and drivers, would be allowed to seek review of the RDR decision using the DataQs system and processes currently in place.

26 FMCSA s Crash Preventability Demonstration Program Opinion Alert

27 FMCSA s Crash Preventability Demonstration Program Kudos to FMCSA for moving on this Demonstration Project

28 FMCSA s Crash Preventability Demonstration Program Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or prorated. Motor Carriers bear responsibility to track CONVICTIONS of the motoring public

29 FMCSA s Crash Preventability Demonstration Program RDRs could also be submitted through DataQs when the crash did not involve other vehicles, such as crashes in which an individual committed suicide by stepping or driving in front of the vehicle or the vehicle was incapacitated by an animal in the roadway or the crash was the result of an infrastructure failure. The RDR must present sufficient evidence that the driver of the CMV took reasonable action to avoid the crash and did not contribute to the crash. CMV Driver must prove reasonable action to avoid

30 FMCSA s Crash Preventability Demonstration Program Public comment period on each crash

31 FMCSA s Crash Preventability Demonstration Program DataQ s not being sent back to the States

32 Vigillo s JUST Crash Review Program

33 Vigillo s JUST Crash Review Program

34 Vigillo s JUST Crash Review Program hour turn around on Crash Review 2. During Comment Period buy 2 get 3 rd free (a $400 investment) 3. Performed by current and former CVSA Trained Law Enforcement 4. Only Clearly Non-Preventable Crashes removed 5. Utilize PAR, In-Cab Video, any other evidence submitted 6. Follows National Safety Council Guidelines 7. Hundreds of Crashes reviewed in past 8 months Call or Click and lets get this right. (503) x103

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