FMCSA to Consider Preventability in Crash Rate Permits for Hazmat Carriers

The Federal Motor Carrier Safety Administration has published an interpretation indicating that it will consider “preventability” of a crash when a motor carrier contests the denial of a hazardous materials safety permit, based on the crash-rate disqualification.

Motor carriers are disqualified from obtaining the federal HMSP if they have a crash rate in the top 30% of the national average, American Trucking Associations said.

To appeal the denial of an HMSP, a motor carrier must present compelling evidence that one or more of the crashes were not preventable.

If a driver who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred, and avoided it by taking steps within his/her control that would not have risked causing another kind of mishap, the accident is considered to have been preventable.