The Federal Motor Carrier Safety Administration intends to re-establish the rule necessitating that companies operating commercial motor vehicles keep a documented record of any accidents. Although this rule does not mandate companies to immediately provide accident data to the agency, they are obligated to furnish it when requested by authorized officials at the federal, state, or local level. This announcement was made by FMCSA on August 8 through a notice in the Federal Register.
“This Information Collection Request supports the Department of Transportation strategic goal of safety,” FMCSA said. “By requiring motor carriers to gather and record information concerning commercial motor vehicle accidents, FMCSA is strengthening its ability to assess the safety performance of motor carriers. This information is a valuable resource in agency initiatives to prevent, and reduce the severity of, CMV crashes.”
The organization is inviting input from the public regarding its proposal, and this feedback should be submitted by October 10. Before the proposal can be officially implemented, it needs to receive approval from the White House Office of Management and Budget.
The stipulations for maintaining accident records encompass details such as the date, place, driver’s identity, count of injuries, count of fatalities, and the presence of specific hazardous materials that may have been discharged. In cases where a collision results in the release of hazardous materials, carriers are required to fill out a report on hazardous incidents, as indicated in records maintained by FMCSA.
“In addition, the motor carrier must maintain copies of all accident reports required by insurers or governmental entities,” the announcement said.
Typically, the data kept in records might be required during an agency audit of the carrier. Companies operating motor vehicles are obligated to retain this information for a period of three years following the occurrence of an accident.
The agency has specified that accidents necessitating inclusion in the carrier’s records comprise incidents leading to a fatality, bodily injury requiring immediate medical attention off-site, or those causing motor vehicles to sustain incapacitating damage, necessitating their removal from the scene by a tow truck or another vehicle.
“This is something fleets are doing today,” said Dan Horvath, vice president of safety policy for American Trucking Associations. “The question is does it need to continue or not. We don’t have a stance on it one way or another.”
Nonetheless, Horvath mentioned that this practice is quite customary among motor carriers, whether it’s for compliance with the Department of Transportation (DOT) regulations or for their internal purposes.
“Insurance companies often require fleets to keep a list of accidents they’ve had,” he said. “Frankly, a lot of motor carriers out there today keep track of all kinds of accidents such as a backing incident at a dock versus a crash that involves another vehicle out on the highway.
“It’s good information from a safety perspective for a fleet to have, whether it’s part of their safety management system — where the fleet has areas for improvement.”
During the agency’s previous request for renewal in 2019, only a single individual provided feedback on the requirement. This commenter was the National Motor Freight Traffic Association (NMFTA), a nonprofit membership organization based in Alexandria, Virginia. The NMFTA represents around 500 motor carriers, mainly focused on transporting smaller quantities of freight via trucks.
The NMFTA emphasized its role in advocating for its members’ stances in pertinent legal, regulatory, and legislative contexts.
“Five years ago, in response to the question of whether this information collection will have practical utility, NMFTA suggested that FMCSA more effectively utilize police accident reports, which can contain reliable information regarding a carrier’s fault, or lack thereof, for an accident.
“FMCSA will benefit from greater use of accident information, such as police accident reports, that support greater accuracy and fairer portrayal of a carrier’s safety practices. FMCSA could more effectively use its enforcement resources if it can better identify motor carriers who bore responsibility for commercial motor vehicle accidents.”