In the December 2018 edition of this newsletter, STC highlighted that FMCSA was nearing a decision on its crash preventability demonstration program, slated to end on June 30, 2019. FMCSA was encouraging fleets, at that time, to use the program so the Agency had as much data as possible to make an informed decision on whether to continue it. We now know FMCSA has decided to continue the program and is likely to expand it to include additional crash types. Two different FMCSA officials recently commented at separate industry meetings that the Agency will soon publish a Notice in the Federal Register concerning continuation of the program. This Notice will seek comments on the potential inclusion of 8 additional crash types which have been identified, in part, as a result of the industry’s crash submissions over the last 2 years. Expect to see or read about the Federal Register Notice in the next few weeks and, if crash preventability determinations are important to your company, consider commenting on it.
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