Survey Protocol 4 CMV Enforcement Resources and Funding

ATTACHMENT H

Crash Causal Factors Program: Knowledge of Systems and processes

Information Collection (IC) 4: CMV Enforcement Resources and Funding

Survey Protocols

DRAFT
April 2023

FMCSA Crash Causal Factors Program: Knowledge of Systems and Processes Information Collection (IC) 4: CMV Enforcement Resources and Funding

Survey Protocols

Contents

1. IC-4: CMV Enforcement Resources and Funding 3

1.1 Agency Participation in Enforcement Activities and Related Policies 3

Police Crash Reports 3

Post-Crash Inspections 4

Agency Involvement and Funding Sources 6

Post-Crash Investigations 7

Reconstructions 9

Crash Reconstruction Team(s) 10

Impairment Detection 11

1.2 Use of MCSAP Funding 13

1. IC-4: CMV Enforcement Resources and Funding

   1. Agency Participation in Enforcement Activities and Related Policies

Respondent(s): MCSAP Coordinator, Identified in IC-1, 1.3

SURVEY LANDING PAGE

As authorized in the Bipartisan Infrastructure Law, the Federal Motor Carrier Administration (FMCSA) is establishing a Crash Causal Factors Program. Through this program, FMCSA will execute a multi-phased study of commercial motor vehicle (CMV) crash causal factors, with Phase 1 focused on fatal crashes involving Class 7/8 large trucks: the Large Truck Crash Causal Factors Study (LTCCFS).

FMCSA is planning to leverage existing State and local jurisdiction resources to collect police crash report (PCR) and post-crash inspection data to be used in the LTCCFS. FMCSA is also planning to leverage the Motor Carrier Safety Assistance Program (MCSAP) Grant Program to fund certain study data collection activities, when possible.

The purpose of this survey is to better understand States’ PCR and post-crash inspection data collection policies, procedures, and practices; various agencies’ involvement in crash data collection activities; and existing agency funding sources.

If you have any questions about the study, or about the information being requested in the survey, please contact Dan Meyer, FMCSA Transportation Specialist, at [email protected] or (202) 366-2616.

If you have technical difficulties with the online survey tool, please e-mail [email protected] or call [INSERT Volpe POC] at (617) 494-XXXX.

Thank you in advance for your time; your participation is greatly appreciated!

Police Crash Reports

Respondent(s): State MCSAP Coordinator, Identified in IC-1, 1.3.1

1. [ASK ALL] Which entities in your State are involved in collecting commercial motor vehicle (CMV) crash data for police crash reports (PCRs)? Select all that apply.

• State Department of Transportation

• State Police

• Highway Patrol

• Local law enforcement agencies

• Department of Motor Vehicles

• Public Utilities

• Other (please specify:____________________)

1. [ASK ALL] Which entities are involved in police crash report (PCR) database management for your State? Select all that apply.

• State Department of Transportation

• State Police

• Highway Patrol

• Local law enforcement agencies (please specify: ____________________)

• Department of Motor Vehicles

• Public Utilities

• Universities (please specify: ___________________)

• Other (please specify:______________________)

1. [ASK ALL] Does your State have a statute or regulation that precludes alternate agencies from responding to fatal or serious injury crashes involving at least one Class 7/8 large truck?

• Yes [GO TO Q 1.1.4]

• No [GO TO Q 1.1.6]

4. [IF Q 1.1.3=YES] Please describe any statute or regulation that precludes alternate agencies from responding to a fatal or serious injury crash involving a Class 7/8 large truck: ________________________________

5. [IF Q 1.1.3=YES] Please provide any legal citation that precludes alternate agencies from responding to a fatal or serious injury crash involving a Class 7/8 large truck: ________________________________

[GO TO Q 1.1.6]

Post-Crash Inspections

Respondent(s): State MCSAP Coordinator, Identified in IC-1, 1.3.1

6. [ASK ALL] FMCSA is trying to understand each State’s post-crash inspection policies, standard operating procedures (SOPs), and applicable statutes. Does your State have any policies, SOPs, or statutes pertaining to the following? Select all that apply.

NOTE: A post-crash inspection is performed by a certified inspector, in association with a commercial motor vehicle (CMV) crash. Post-crash inspectors should complete a driver/vehicle examination report to document all violations and defects discovered at the time of the inspection.

• Which agencies can conduct post-crash inspections

• When a post-crash inspection should be conducted (i.e., criteria for a post-crash inspection)

• Post-crash inspection notification/dispatch process

• Other (please describe: _________________)

• Not Applicable [GO TO Q 1.1.8]

1. [IF Q 1.1.6=ANY RESPONSE BESIDES N/A] Would your State be willing to share its policies or SOPs relating to post-crash inspections? If you select “Yes,” FMCSA will send you an email to request copies of this documentation.

• Yes

• No

1. [ASK ALL] To what severities of CMV crashes are post-crash inspectors dispatched? Select all that apply.

• CMV fatal crashes [GO TO Q1.1.9]

• CMV serious injury crashes [GO TO Q1.1.10]

• Other (please describe) _____________________

1. [IF 1.1.8=FATALS] To what percentage of fatal CMV crashes are post-crash inspectors dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more

1. [IF 1.1.8=SERIOUS INJURY] To what percentage of serious injury CMV crashes are post-crash inspectors dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more

1. [ASK ALL] What percent of qualifying crashes in your State are subject to a post-crash inspection? NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck. Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more [GO TO Q 1.1.13]

1. [IF Q 1.1.11=0-74%] Which of the following factors limit the number of post-crash inspections that are performed on qualifying crashes? Select all that apply.

• Policy/regulatory constraints

• Insufficient number of staff

• Limited equipment (e.g., reconstruction equipment)

• Lack staff with the appropriate skillset/training

• Not enough time to handle all the in-scope crashes

• Other (please specify: _________________________)

Agency Involvement and Funding Sources

Respondent(s): State MCSAP Coordinator, Identified in IC-1, 1.3.1

13. [ASK ALL]

1. Please indicate which entities in your State are involved in post-crash inspections regardless of whether they receive MCSAP funding. Select one response per row.

2. [SHOW ITEMS SELECTED IN 1.1.13A] For each entity involved in post-crash inspections, please indicate what types of funding, if any, the entity receives to conduct post-crash inspections. Select all that apply in each row.

	Agency Involvement		Types of Funding Agency Receives to Conduct Post-Crash Inspections
	Involved in post-crash inspections	NOT involved in post-crash inspections	Motor Carrier Safety Assistance Program (MCSAP) Funding	State or Local Funding	None/ Not Applicable
State Department of Transportation			£	£	£
State Police			£	£	£
Highway Patrol			£	£	£
Local Law Enforcement Agencies			£	£	£
Department of Motor Vehicles			£	£	£
Public Utilities			£	£	£
Other (Please Specify): _________________			£	£	£

14. [ASK ALL]

1. Please indicate which entities in your State are involved in post-crash investigations regardless of whether they receive MCSAP funding. Select one response per row.

2. [SHOW ITEMS SELECTED IN 1.1.14A] For each entity involved, please indicate what types of funding, if any, the entity receives to conduct post-crash investigations. Select all that apply in each row.

	Agency Involvement		Types of Funding Agency Receives to Conduct Post-Crash Investigations
	Involved in post-crash investigations	NOT involved in post-crash investigations	Motor Carrier Safety Assistance Program (MCSAP) Funding	State or Local Funding	None/ Not Applicable
State Department of Transportation			£	£	£
State Police			£	£	£
Highway Patrol			£	£	£
Local Law Enforcement Agencies			£	£	£
Department of Motor Vehicles			£	£	£
Public Utilities			£	£	£
Other (Please Specify): _________________			£	£	£

1. [ASK ALL]

1. Please indicate which entities in your State are involved in crash reconstructions regardless of whether they receive MCSAP funding. Select one response per row.

2. [SHOW ITEMS SELECTED IN 1.1.15A] For each entity involved, please indicate what types of funding, if any, the entity receives to conduct crash reconstructions. Select all that apply in each row.

	Agency Involvement		Types of Funding Agency Receives to Conduct Crash Reconstructions
	Involved in crash reconstructions	NOT involved in crash reconstructions	Motor Carrier Safety Assistance Program (MCSAP) Funding	State or Local Funding	None/ Not Applicable
State Department of Transportation			£	£	£
State Police			£	£	£
Highway Patrol			£	£	£
Local Law Enforcement Agencies			£	£	£
Department of Motor Vehicles			£	£	£
Public Utilities			£	£	£
Other (Please Specify): _________________			£	£	£

[END SECTION]

Post-Crash Investigations

Respondent(s): Command Staff, Identified in IC-1, 1.3.3 or 1.3.4 (b) or (c)

SURVEY LANDING PAGE

As authorized in the Bipartisan Infrastructure Law, the Federal Motor Carrier Administration (FMCSA) is establishing a Crash Causal Factors Program. Through this program, FMCSA will execute a multi-phased study of commercial motor vehicle (CMV) crash causal factors, with Phase 1 focused on fatal crashes involving Class 7/8 large trucks: the Large Truck Crash Causal Factors Study (LTCCFS).

FMCSA is planning to leverage existing State and local jurisdiction resources to conduct post-crash investigations, crash reconstructions, and drug and alcohol investigations/evaluations to support the LTCCFS.

The purpose of this survey is to better understand States’ and local jurisdictions’ post-crash investigation, crash reconstruction, and drug and alcohol investigation/evaluation resources, policies, procedures, and practices.

If you have any questions about the study, or about the information being requested in the survey, please contact Dan Meyer, FMCSA Transportation Specialist, at [email protected] or (202) 366-2616.

If you have technical difficulties with the online survey tool, please e-mail [email protected] or call [INSERT Volpe POC] at (617) 494-XXXX.

Thank you in advance for your time; your participation is greatly appreciated!

16. [ASK ALL] FMCSA is trying to understand your agency’s post-crash investigation policies and standard operating procedures (SOPs). Does your agency have policies or SOPs for any of the following? Select all that apply.

NOTE: A post-crash investigation is a thorough investigation of a crash scene, typically performed by a law enforcement officer. It involves the collection of additional data elements beyond what is collected as part of a standard police crash report (PCR) but is not as expansive as a crash reconstruction.

• When a post-crash investigation should be conducted for a crash involving a CMV (i.e., criteria for a post-crash investigation)

• Post-crash investigation notification/dispatch process

• Other (please describe: _________________)

• Not Applicable [GO TO 1.1.18]

1. [IF Q 1.1.16=ANY RESPONSE BESIDES N/A] Would your agency be willing to share its policies or SOPs relating to post-crash investigations? If you select “Yes,” FMCSA will send you an email to request copies of this documentation.

• Yes

• No

1. [ASK ALL] To what severities of commercial motor vehicle (CMV) crashes are post-crash investigators dispatched? Select all that apply.

• CMV fatal crashes [GO TO 1.1.19]

• CMV serious injury crashes [GO TO 1.1.20]

1. [IF 1.1.18=FATALS] To what percentage of fatal CMV crashes are post-crash investigators dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 501% to 74%

• 75% or more

1. [IF 1.1.18=SERIOUS INJURY] To what percentage of serious CMV injury crashes are post-crash investigators dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more

21. [ASK ALL] What percent of qualifying crashes in your agency are subject to a post-crash investigation? Select one response.

NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more [GO TO Q 1.1.23]

1. [IF Q 1.1.21=0-74%] Which of the following factors limit the number of post-crash investigations that are performed on qualifying crashes? Select all that apply.

• Policy/ regulatory constraints

• Insufficient number of staff

• Limited equipment (e.g., reconstruction equipment)

• Lack of staff with the appropriate skillset/training

• Not enough time to handle all the in-scope crashes 

• Other (please specify: _________________________)

1. [ASK ALL] How long after a crash event is a post-crash investigation initiated? Select one response.

• Same day

• 2 – 5 days

• More than 5 days

• It depends (please describe: ________________)

Reconstructions

Respondent(s): Command Staff, Identified in IC-1, 1.3.3 or 1.3.4 (b) or (c)

24. [ASK ALL] FMCSA is trying to understand your agency’s crash reconstruction policies and standard operating procedures (SOPs). Does your agency have policies or SOPs for any of the following? Select all that apply.

NOTE: A crash reconstruction involves all the components of a crash investigation, plus additional data collection and analysis that “utilizes principles of physics and empirical data to analyze the physical, electronic, video, audio, and testimonial evidence from a crash to determine how and why the crash occurred” (SAE International). Crash reconstructions are typically completed by specially trained law enforcement officers or contracted third parties.

• When a crash reconstruction should be conducted (i.e., criteria for a crash reconstruction) [GO TO Q 1.1.25]

• Crash reconstruction notification/dispatch process [GO TO Q 1.1.25]

• Other (please describe: _________________) [GO TO Q 1.1.25]

• Not applicable [GO TO Q 1.1.26]

1. [IF Q 1.1.24=ANY RESPONSE BESIDES N/A] Would your agency be willing to share its policies or SOPs relating to crash reconstructions? If you select “Yes,” FMCSA will send you an email to request copies of this documentation.

• Yes

• No

1. [ASK ALL] To what severities of CMV crashes are crash reconstructionists dispatched? Select all that apply.

• CMV fatal crashes [GO TO Q 1.1.27]

• CMV serious injury crashes [GO TO Q 1.1.28]

1. [IF 1.1.26=FATALS] To what percentage of fatal CMV crashes are crash reconstructionists dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more

1. [IF 1.1.26=SERIOUS INJURY] To what percentage of serious injury CMV crashes are crash reconstructionists dispatched? Select one response.

• Less than 25%

• 25% to 49%

• 50% to 74%

• 75% or more

29. [ASK ALL] What percent of qualifying crashes in your agency are subject to a crash reconstruction? Select one response.

NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck. Please select one response.

• Less than 25% [GO TO Q 1.1.30]

• 25% to 49% [GO TO Q 1.1.30]

• 50% to 74% [GO TO Q 1.1.30]

• 75%or more [GO TO Q 1.1.31]

1. [IF Q 1.1.29=0-74%] Which of the following factors limit the number of crash reconstructions that are performed on qualifying crashes? Select all that apply.

• Policy/regulatory constraints

• Insufficient number of staff

• Limited equipment (e.g., reconstruction equipment)

• Lack staff with the appropriate skillset/training

• Not enough time to handle all the in-scope crashes

• Other (please specify: _________________________)

[GO TO Q 1.1.31]

Crash Reconstruction Team(s)

Respondent(s): Command Staff, Identified IC-1, 1.3.3 or 1.3.4 (b) or (c)

31. [ASK ALL] Does your agency have an established crash reconstruction program?

• Yes [GO TO Q 1.1.32]

• No [GO TO 1.1.37]

1. [IF Q 1.1.31=YES] How many crash reconstruction teams are there within your agency? Select one response.

• 1 [GO TO Q 1.1.33]

• 2 to 4 [GO TO Q 1.1.34]

• 5 to 7 [GO TO Q 1.1.34]

• 8 to 10 [GO TO Q 1.1.34]

• 11 or more [GO TO Q 1.1.34]

33. [IF Q 1.1.32=1] Does your agency’s crash reconstruction team have experience reconstructing qualifying crashes? Select one response.

NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck.

• Yes [GO TO Q 1.1.35]

• No [GO TO Q 1.1.36]

34. [IF Q 1.1.32=2 OR MORE] Do any of your agency’s crash reconstruction teams have experience conducting reconstructions for qualifying crashes? Select one response.

NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck.

• Yes [GO TO Q 1.1.35]

• No [GO TO Q 1.1.36]

1. [IF Q 1.1.33 or Q 1.1.34=YES] How many years has your crash reconstruction program been conducting crash reconstructions for qualifying crashes? Select one response.

• Less than a year

• 1 to 4 years

• 5 to 9 years

• 10 or more years

[GO TO Q 1.1.36]

36. [ASK ALL] How long after a crash event is a crash reconstruction initiated? Select one response.

• Same day

• 2 – 5 days

• More than 5 days

• It depends (please describe: ____________)

[GO TO Q 1.1.37]

Impairment Detection

Respondent(s): Command Staff, Identified in IC-1, 1.3.3 or 1.3.4 (b) or (c)

37. [ASK ALL] How does your agency determine when a post-crash drug or alcohol investigation or evaluation is required? Select all that apply.

• Reasonable suspicion [GO TO Q 1.1.39]

• Probable cause [GO TO Q 1.1.39]

• State law (please specify the applicable law: _______________) [GO TO Q 1.1.39]

• Agency policy [GO TO Q 1.1.38]

• Something else (please describe: _______________) [GO TO Q 1.1.39]

1. [IF Q 1.1.37=AGENCY POLICY] Would your agency be willing to share its policy for when a post-crash drug or alcohol investigation or evaluation is required? If you select “Yes,” FMCSA will send you an email to request copies of this documentation.

• Yes

• No

[GO TO Q 1.1.39]

39. [ASK ALL] Does your agency have officers who are specialty-trained in identifying impaired drivers (e.g., officers who have completed Advanced Roadside Impaired Driving Enforcement [ARIDE] training, Drug Recognition Expert [DRE] training, etc.)?

• Yes [GO TO Q 1.1.41]

• No [GO TO Q 1.1.40]

1. [IF Q 1.1.39=NO] Can you obtain these specialty-trained officers from another agency, if needed?

• Yes [GO TO Q 1.1.42]

• No [END SURVEY]

1. [IF Q 1.1.39=YES] How many of these specialty-trained officers drivers does your agency have? _____________ [GO TO Q 1.1.42]

2. Do these specialty-trained officers respond to qualifying crashes? Select one response.

• NOTE: A qualifying crash is a crash that involves at least one fatality and at least one Class 7/8 large truck. Yes [GO TO Q 1.1.43]

• No [END SURVEY]

• When requested [GO TO Q 1.1.43]

1. To what percentage of qualifying crashes do these specialty-trained officers respond to? Select one response.

• Less than 25%

• 25-49%

• 50-74%

• 75% or more

[GO TO Q 1.1.44]

44. [IF Q1.1.42=YES OR WHEN REQUESTED] Would your agency be willing to share preliminary (pre-adjudication) drug and alcohol impairment findings for inclusion in the Large Truck Crash Causal Factors Study? Select one response.

• Yes

• No

• Subject to limitations (please explain: ___________________________)

[GO TO Q 1.1.44]

45. [IF Q1.1.42=YES OR WHEN REQUESTED] Would your agency be willing to share final (post-adjudication) drug and alcohol impairment findings for inclusion in the Large Truck Crash Causal Factors Study? Select one response.

• Yes

• No

• Subject to limitations (please explain: ___________________________)

END OF SURVEY

2. Use of MCSAP Funding

Respondent(s): MCSAP Coordinator, Identified in IC-1, 1.3.1

As authorized in the Bipartisan Infrastructure Law, the Federal Motor Carrier Administration (FMCSA) is establishing a Crash Causal Factors Program. Through this program, FMCSA will execute a multi-phased study of commercial motor vehicle (CMV) crash causal factors, with Phase 1 focused on fatal crashes involving Class 7/8 large trucks: the Large Truck Crash Causal Factors Study (LTCCFS).

FMCSA is planning to leverage existing State and local jurisdiction resources to collect post-crash inspection data to be used in the LTCCFS. FMCSA is also planning to leverage the Motor Carrier Safety Assistance Program (MCSAP) Grant Program to fund certain study data collection activities, when possible.

The purpose of this survey is to understand (1) States’ regulations or policies regarding which agencies may conduct North American Standard (NAS) Level I inspections and (2) States’ current MCSAP grant sharing practices (i.e., with local jurisdictions).

If you have any questions about the study, or about the information being requested in the survey, please contact Dan Meyer, FMCSA Transportation Specialist, at [email protected] or (202) 366-2616.

If you have technical difficulties with the online survey tool, please e-mail [email protected] or call [INSERT Volpe POC] at (617) 494-XXXX.

Thank you in advance for your time; your participation is greatly appreciated!

1. [ASK ALL] Does your State have regulations and/or policies regarding which agencies can or cannot conduct North American Standard (NAS) Level I inspections, including post-crash inspections?

• Yes [GO TO Q 1.2.2]

• No [GO TO Q 1.2.3]

1. [IF Q 1.2.1=YES] Please specify the policy or regulation that prevents alternate agencies from conducting NAS Level I inspections, including post-crash inspections: ________________________ [GO TO Q 1.2.3]

2. [ASK ALL] Does your State allow sub-grantees to receive Federal MCSAP grant funding? 

• Yes [GO TO Q. 1.2.5]

• No [GO TO Q 1.2.4]

1. [IF Q 1.2.3=NO] Which of the following reasons explain why sub-grantees are not allowed to receive MCSAP grant funding? Select all that apply.

• State law

• Local policy

• Other (please specify: _______________________)

[GO TO Q 1.2.5]

5. [ASK ALL] Is your State currently utilizing Motor Carrier Safety Administration Program (MCSAP) funds for local jurisdictions?

• Yes [END SURVEY]

• No [GO TO Q 1.2.6]

1. [IF Q. 1.2.5=NO] Would your State consider allowing the use of MCSAP funds to support local data collection efforts in local jurisdictions, to support the Large Truck Crash Causal Factors Study?

• Yes

• No

END OF SURVEY