Most drivers in California are aware of the “point system” used by the state DMV. This is the system in which each traffic ticket violation is assigned a point value. These points are added to your driving record, and once you exceed a certain number of points, you could lose your driving privileges temporarily or permanently. The Federal Motor Carrier Safety Administration (FMCSA) maintains a similar point system used to track the safety record of companies that use commercial drivers. When an incident happens that could count against a commercial vehicle driver’s license, this would be considered a DOT-recordable accident, called a DOT recordable accident.
DOT-Recordable Accident Criteria for Commercial Motor Vehicle
The FMCSA operates under the federal Department of Transportation (DOT) and requires that motor carriers keep track of serious accidents involving commercial motor vehicles (large trucks, buses, etc.). Any accident that meets the FMCSA’s criteria to be recorded is called a DOT-recordable accident. Because most motor carriers operate across state lines, they will be required to follow the guidelines set in place by the FMCSA.
Any accident involving a commercial motor vehicle that meets the following criteria will be considered a DOT-recordable accident:
- There was a fatality involved.
- There was a bodily injury in which a person received immediate medical treatment away from the scene of the accident.
- One or more vehicles involved in the accident had to be towed away from the scene.
These rules apply universally to all commercial vehicle accidents.
When determining whether or not an accident is DOT-recordable, federal regulations do not consider which party was at fault or whether or not the accident could have been prevented. A non-DOT recordable accident includes minor collisions with slight damage or injuries that do not require emergency care, as well as no-injury incidents and damage that does not impair vehicle operation.
How Does A DOT-Recordable Accident Get Reported in Accident Reports?
All DOT-Recordable accidents must be recorded in an “accident register” to ensure compliance and improve safety performance. The following information must be reported:
- The date of the accident
- The city and state where the accident occurred
- The name of the commercial motor vehicle driver
- The number of injuries
- The number of fatalities
- Whether the accident resulted in the release of hazardous materials (not including fuel of the commercial motor vehicle’s tank)
- Copies of all accident reports in the case
Completing an official accident report is crucial for legal and regulatory compliance, as it must include specific details such as the date, location, and any injuries or fatalities associated with the accident.
This information must be maintained by the motor carrier for a minimum of three years and made available to any agent of the FMCSA or the US DOT, any authorized state or local law enforcement agency, or any authorized third party. Regulations also require motor carriers to assist in the investigation of these records.
Implications for Commercial Motor Carriers
A DOT-recordable accident can have significant implications for commercial motor carriers. These accidents can impact a carrier’s safety rating and Crash Indicator BASIC score, which can lead to increased scrutiny from regulatory agencies and, potentially, even enforcement action. A high Crash Indicator score can also increase a carrier’s insurance premiums and make it more difficult to attract and retain drivers.
In addition to the financial and regulatory implications, a DOT-recordable accident can also damage a carrier’s reputation and lead to a loss of business. Carriers that have a history of DOT-recordable accidents may be viewed as less safe and less reliable by shippers and other stakeholders.
To mitigate these risks, carriers should take steps to prevent accidents and ensure that their drivers are properly trained and equipped to operate safely. This can include implementing safety protocols and procedures, providing regular training and coaching to drivers, and conducting regular vehicle inspections and maintenance.
Drug and Alcohol Testing
DOT-recordable accidents can also trigger drug and alcohol testing requirements for CDL drivers. If an accident involves a fatality or disabling damage, the driver must submit to a post-accident drug and alcohol test. This is in addition to any other testing requirements that may be mandated by the carrier or regulatory agencies.
Carriers must have a drug and alcohol testing program in place that meets the requirements of the Federal Motor Carrier Safety Administration (FMCSA). This program must include procedures for testing drivers after an accident, as well as for testing drivers who are suspected of using drugs or alcohol while on duty.
Prevention and Safety Measures
Preventing DOT-recordable accidents is critical for commercial motor carriers. To achieve this, carriers should implement a range of safety measures, including:
- Regular vehicle inspections and maintenance to ensure that vehicles are in good working condition
- Driver training and coaching to ensure that drivers are aware of and follow safe driving practices
- Safety protocols and procedures to ensure that drivers are prepared for emergency situations
- Regular review and analysis of accident data to identify trends and areas for improvement
- Implementation of safety technologies, such as collision avoidance systems and driver monitoring systems
By taking these steps, carriers can reduce the risk of DOT-recordable accidents and improve their overall safety record. This can help to protect drivers, passengers, and other road users, while also reducing the financial and regulatory risks associated with accidents.
In addition to these measures, carriers should also ensure that they are in compliance with all relevant regulations and guidelines, including those related to hours of service, vehicle maintenance, and driver qualifications. By taking a proactive approach to safety and compliance, carriers can reduce the risk of DOT-recordable accidents and improve their overall safety performance.
How Is DOT-Recordable Accident Information Used?
The US DOT wants to ensure that the roadways are safe, and this information will be used to determine whether or not a motor carrier is doing its part to ensure roadway safety. The FMCSA will take the number of DOT-recordable incidents the motor carrier has been involved in, multiply that number by one million, and then divide that number by the number of miles driven by the motor carrier in the past 12 months. The resulting number will be the carrier’s safety rating.
This safety rating is only one of six factors that the FMCSA uses to determine a motor carrier’s Safety Fitness Determination (SFD). However, motor carriers with a safety rating of more than 1.5 accidents per one million miles will receive an “unsatisfactory” rating. Carriers that receive an overall “unsatisfactory” SFD can face serious penalties if they do not take corrective actions.
If you or a loved one was injured in an accident caused by a negligent truck driver or company, speak with a qualified Santa Ana truck accident attorney at Callahan & Blaine to learn more about your legal options. Call (714) 241-4444 or fill out a contact form.
