[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Rules and Regulations]
[Pages 15913-15914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
Federal Motor Carrier Safety Regulations; Regulatory Guidance
Concerning Crashes Involving Vehicles Striking Attenuator Trucks
Deployed at Construction Sites
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Regulatory guidance.
-----------------------------------------------------------------------
SUMMARY: FMCSA provides regulatory guidance concerning crashes
involving motor vehicles striking the rear of attenuator trucks
deployed at construction sites and whether such crashes meet the
definition of ``accident'' under 49 CFR 390.5 for the motor carrier
that controls the attenuator truck. Attenuator trucks are highway
safety vehicles equipped with an impact attenuating crash cushion
intended to reduce the risks of injuries and fatalities resulting from
crashes in construction work zones. The guidance explains that such
crashes in which motorists strike the attenuator trucks while they are
deployed at construction work zones are not covered by the definition
of accident and such occurrences will not be considered by FMCSA under
its Compliance, Safety, Accountability Safety Measurement System (SMS)
scores, or Safety Fitness Determination for the motor carrier that
controls the attenuator truck. This guidance will provide the motor
carrier industry and Federal, State, and local law enforcement
officials with uniform information for use in determining whether
certain crashes involving attenuator vehicles must be recorded on
[[Page 15914]]
the motor carrier's accident register and considered in the Agency's
safety oversight programs.
DATES: This guidance is effective May 26, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations; 1200 New Jersey Ave. SE., Washington, DC 20590, Telephone
202-366-4325, Email: [email protected].
SUPPLEMENTARY INFORMATION:
Legal Basis
The Secretary of Transportation has statutory authority to set
minimum standards for commercial motor vehicle safety. These minimum
standards must ensure that: (1) CMVs are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
CMVs do not impair their ability to operate the vehicles safely; (3)
the physical condition of operators of CMVs is adequate to enable them
to operate the vehicles safely; (4) the operation of CMVs does not have
a deleterious effect on the physical condition of the operators; and
(5) an operator of a commercial motor vehicle is not coerced by a motor
carrier, shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation. (49 U.S.C.
31136(a)(1)-(5), as amended). The Secretary also has broad power in
carrying out motor carrier safety statutes and regulations to
``prescribe recordkeeping and reporting requirements'' and to ``perform
other acts the Secretary considers appropriate.'' (49 U.S.C.
31133(a)(8) and (10)).
The Administrator of FMCSA has been delegated authority under 49
CFR 1.87(f) to carry out the functions vested in the Secretary of
Transportation by 49 U.S.C. chapter 311, subchapters I and III,
relating to commercial motor vehicle programs and safety regulation.
This document provides regulatory guidance to the public with
respect to the definition of ``accident'' in 49 CFR 390.5 of the
Federal Motor Carrier Safety Regulations (FMCSRs), and the recording of
accidents as required under 49 CFR 390.15. All interested parties may
access the guidance in this document through the FMCSA's Internet site
at http://www.fmcsa.dot.gov.
Background
The regulatory guidance in this regulatory guidance responds to
questions concerning the definition of ``accident'' in 49 CFR 390.5:
Are crashes in which motorists strike the rear of attenuator trucks
deployed at construction sites considered recordable accidents?
Section 390.5 defines ``accident'' as an occurrence involving a
commercial motor vehicle operating on a highway in interstate or
intrastate commerce which results in a fatality; bodily injury to a
person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident; or one or more motor
vehicles incurring disabling damage as a result of the accident,
requiring the motor vehicles to be transported away from the scene by a
tow truck or other motor vehicle. It excludes occurrences involving
only boarding and alighting from a stationary motor vehicle or
involving only the loading or unloading of cargo.
FMCSA acknowledges the potential impact on motor carriers' Safety
Measurement System (SMS) scores that could result from States uploading
reports about crashes involving attenuator trucks deployed at
construction sites into the Agency's Motor Carrier Management
Information System (MCMIS). Because these vehicles are deployed to
prevent certain crashes through the use of flashing lights and to
reduce the severity of crashes through the use of truck-mounted impact
attenuators or crash cushions when motorists do not take appropriate
action to avoid the obstacles in the construction zone, it is expected
that these vehicles will be struck from time to time while the
attenuators are deployed. Such events that occur in a construction
zone, either stationary or moving, should not count against the safety
performance record of the motor carrier responsible for the operation
of the attenuator truck.
FMCSA's Decision
In consideration of the above, FMCSA has determined that the
current regulatory guidance should be revised to make clear that
crashes involving motorists striking attenuator trucks are not
considered accidents, as defined under 49 CFR 390.5. The Agency issues
the following guidance to 49 CFR 390.5 to read as follows:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
Regulatory Guidance for 49 CFR 390.5 Definition of ``Accident''
Question: Are crashes involving motorists striking attenuator
trucks while the impact attenuators or crash cushions are deployed
included within the definition of ``accident'' with regard to the motor
carrier responsible for the operation of the attenuator truck?
Guidance: No. Attenuator trucks are highway safety vehicles
equipped with an impact attenuating crash cushion intended to reduce
the risks of injuries and fatalities resulting from crashes in
construction work zones. Because these vehicles are deployed at
construction work zones to prevent certain crashes through the use of
flashing lights and to reduce the severity of crashes when motorists do
not take appropriate action to avoid personnel and objects in the
construction zone, it is expected that these vehicles will be struck
from time to time while the impact attenuators or crash cushions are
deployed. Therefore, such events are not considered accidents and the
recordkeeping requirements of 49 CFR 390.15, Assistance in
investigations and special studies, are not applicable with regard to
the motor carrier responsible for the operation of the attenuator
truck. If however, a commercial motor vehicle, as defined in 49 CFR
390.5, strikes an attenuator truck, this event would be considered an
accident for the motor carrier responsible for the operation of the
vehicle that hits the attenuator truck.
Procedures
Starting on the effective date of this regulatory guidance, any
crash meeting the above criteria may be removed from a carrier's record
of crashes. To do so the carrier operating the attenuator vehicle
should file a Request for Data Review (RDR) using the DataQ system at
https://www.dataqs.fmcsa.dot.gov, as a no reportable crash, and provide
sufficient evidence to establish the crash in question took place
between a vehicle and their attenuator vehicle deployed in a
constructions zone. After the effective date of this regulatory
guidance, the affected motor carrier may file a RDR to remove crashes
related to this regulatory guidance from their carrier record for the
previous 24 months.
Issued on: March 18, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-06817 Filed 3-25-15; 8:45 am]
BILLING CODE 4910-EX-P