Driver Coercion Ruling: Here’s What You Need to Know

At the end of November, the FMCSA published a new rule that will prohibit truck driver coercion. This affects motor carriers and other transportation parties, including shippers and receivers. Let’s go through what you need to know.

What is the ruling?

The new FMCSA ruling makes driver coercion illegal. Driver coercion is defined as behavior and communication that would entice or intimidate a commercial motor vehicle driver to drive outside of legal operating restrictions, including hours-of-service (HOS) and CDL regulations.  An example of this would be a carrier threatening to  punish or fire a driver for refusing to accept a load that would require driving outside of the federally regulated HOS limits.

What is considered driver coercion?

The FMCSA said that the following must have happened in order for coercion to have occurred:

1.  A motor carrier, shipper, receiver, or other transportation intermediary requested that a driver perform a task that would directly result in the driver violating Federal Motor Carrier Safety Regulations, Hazardous Materials Regulations, or Federal Motor Carrier Commercial Regulations.

2. Following the questionable request, the driver informed the party requesting the task that accepting would violate federal regulations.

3. There then must be a threat or action against the driver’s employment or work opportunities to get the driver to take the load or deliver the shipment, knowing this would require the driver to break regulations.  

When does it go into effect?

This new ruling will take effect on January 29, 2016. The FMCSA will also begin accepting coercion complaints from drivers on that date.

Why is this happening?

According to the FMCSA, financial and unreasonable economic pressure in the transportation industry can inhibit overall safety. If drivers are pressured about loads to the point of committing unlawful acts to fulfill the request, this obviously creates a hazardous situation.

This new ruling gives the FMCSA a way to pinpoint troublemakers. Those who coerce drivers negatively impact the overall welfare of not only the drivers, but everyone traveling the roadways. Those found to be in violation of this new law can be fined up to $16,000 per incident.

To learn more about the driver coercion ruling, visit the FMCSA’s website here.