Thorn Valley Newsletter: April 2023

Thorn Valley’s Safer Driving Quarterly Newsletter shares tips and resources to keep you safe on the road! This quarter we’re reviewing FMCSA’s changes to the Crash Preventability Determination Program, Electronic Logging Devices, and upcoming International Roadcheck coming up in May. 

Not utilizing this program could mean the difference between a Satisfactory or a Conditional Motor Carrier Safety Rating. Thorn Valley continues to survey motor carriers failing to challenge non-preventable collision in DataQs. The smaller the motor carrier, the greater potential a single crash can push them over the intervention limit, and notification from FMCSA regarding a focused or on-site audit. Please review this process with your agent, or Thorn Valley Safety for more information.

Since May 2020, FMCSA has been operating the Crash Preventability Determination Program (CPDP) and reviewing 16 specific crash types. Under the current program, if you have an eligible crash that occurred on or after August 1, 2019, you may submit a Request for Data Review (RDR) with the required police accident report and other supporting documents, photos, or videos through the gency’s DataQs website. Crashes determined to be not preventable through CPDP are removed from the calculation of the Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) in FMCSA’s Safety Measurement System (SMS) but are still listed. Not preventable determinations are also noted in FMCSA’s Pre-employment Screening Program. The new proposed list of eligible crashes is as follows;

FMCSA seeks public comments on the proposed changes to the program. The comment period will be open for 60 days. For more information about the proposal, including how to submit comments to the Federal Register docket, click here.

Reaching zero roadway fatalities and serious injuries will require working with the entire roadway transportation community. FMCSA is currently seeking public input on the proposed changes.  FMCSA is listening because together we can save more lives. Comments are being collected through regulations.gov. Comments are due by May 16, 2023.

Motor carriers can log in to view their results under the proposed methodology.  For more on how to view these results, watch this video demonstration.

After two (2) devices were removed in 2022, thus far in 2023, four (4) more have been removed from the list of registered ELDs due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A.

These devices now appear on FMCSA’s Revoked Devices list.  Motor carriers and drivers who use the device listed above must take the following actions:

• Discontinue using the revoked device(s) and revert to paper logs or logging software to record required hours of service data.
• Replace the revoked device(s) with compliant ELD(s) from the Registered Devices list within 60 days of revocation date.

Of the 150 revoked devices on the list, 145 are Self-Revoked by the ELD Provider, due in large part to not being supported on the 5G Network.  Hopefully your ELD Provider has kept you up to date on any new changes.  But it’s not a bad idea to check the Registered Devices list just to be sure the ELD your company uses is still on the FMCSA approved list.

Why should you take Roadcheck seriously?  Consider these 2022 stats from last year’s Roadcheck event:

• There were over 58,000 Level I, II and III Inspections conducted in the U.S.
• Of the Level I inspections conducted, 23.7% were placed out of service
• The total vehicle out-of-service rate in the U.S. was 23.8%
• 2% of drivers inspected in the U.S. were placed out of service

This year, Roadcheck will focus on anti-lock braking systems (ABS) and cargo securement.  Last year, the focus was on wheel ends, brakes, and slack adjusters.  The ABS on a vehicle prevents crashes by keeping wheels from locking up or skidding, allowing the driver to maintain control during braking. During inspections, officers will verify that the key-on ABS self-test is passed, and malfunction light turns off after.

Cargo securement violations can lead to cargo shifting or falling. During an inspection, the officer will verify that the cargo is properly secured and enough tiedowns are used and in good condition.