FMCSA Coercion Rule Goes Into Effect Today

Discussion in 'Trucking Industry Regulations' started by Criminey Jade, Jan 30, 2016.

  1. Criminey Jade

    Criminey Jade Road Train Member

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    Posted by CDL Life. I'm crossposting it here because it is worth saving.

    Here is the text from article --

    The FMCSA coercion rule goes into effect today. The rule was established to prevent or punish shippers, carriers, receivers, and brokers from requesting that a driver violate trucking laws, intimidating drivers or threatening drivers who are unwilling to violate trucking laws.

    According to the FMCSA, “coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs).”

    The following must have occurred in order for coercion to have existed:
    • A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs;
    • The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and
    • The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver’s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.
    FROM FMCSA:

    To address the problem of coercion, the Federal Motor Carrier Safety Administration (FMCSA) adopted the Prohibiting Coercion of Commercial Motor Vehicle Drivers (Coercion Rule). The Coercion Rule explicitly prohibits motor carriers, shippers, receivers and transportation intermediaries from coercing drivers to operate in violation of certain FMCSA regulations, including the drivers’ hours-of-service limits, the commercial driver’s license (CDL) regulations, the associated drug and alcohol testing rules, HMRs, and some of the FMCCRs. The Coercion Rule allows drivers to report incidents of coercion to FMCSA and authorizes FMCSA to issue penalties against motor carriers, shippers, receivers, or transportation intermediaries that have coerced drivers.

    The Coercion Rule takes effect on January 29, 2016, at that time the FMCSA will start accepting coercion complaints from drivers.

    Coercion complaints must be filed within 90 days of the alleged coercion action.

    When filing your complaint, please include as much supporting information as you have, such as:
    • Text messages or email exchanges between parties showing coercion attempts by a motor carrier, shipper, receiver, or transportation intermediary, as well as your responses; and
    • Names of anyone who may witnessed the coercion attempt.
    To file a complaint with FMCSA drivers may contact the Division Office located in the state where the complainant is employed or the National Consumer Complaint Database.

    Drivers have the right to question the safety practices of their employer without the risk of losing their job or being subject to retaliation for stating a safety concern. The Occupational Safety and Health Administration’s whistleblower statutes protect drivers from retaliation. Click here to file a whistleblower complaint with OSHA.

    – See more at: https://www.fmcsa.dot.gov/safety/coercion


     
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  3. scottlav46

    scottlav46 Road Train Member

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    Usually I'm the one coersioning my own self.
     
  4. 123456

    123456 Road Train Member

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    Good info,

    thanks :)
     
  5. purpleprime

    purpleprime Medium Load Member

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    Does this new rule make it illegal for shippers and receivers who keep you beyond your hours from telling you that you have to leave and they don't care if your violating your HOS
     
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  6. bigguns

    bigguns Road Train Member

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    Thank you Criminey Jade Another path for the lawyers to get rich, costs to be driven up,etc.
     
  7. Canned Spam

    Canned Spam Road Train Member

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    It's nothing but more feel good legislation.
     
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  8. Criminey Jade

    Criminey Jade Road Train Member

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    It doesn't sound like it. You might get a sympathetic police officer involved, past that, I don't think so.
     
  9. Anonymousproxy

    Anonymousproxy Road Train Member

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    If the numbnuts at FMCSA actually enforce it, which I doubt. This is the same agency that gives the green light to CRST and CR England to make their already worthless trainees even more unsafe.
     
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  10. windsmith

    windsmith Road Train Member

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    Yes, but only because the broker / company / shipper / receiver manipulate situations such that if you don't violate HOS or operate while fatigued or in bad weather to meet their schedule, then you have a price to pay. Like having to wait a full day to get unloaded because you missed their appointment time.

    This is a tool for drivers to use. Use it to your advantage. For example, say you inform your dispatcher that you can't accept the load you're offered because you can't meet the delivery appointment due to one of the qualifying reasons. Your dispatcher agrees, and tells you that it's ok to miss the appointment time, as long as you deliver as soon as you safely can afterward. Then when you get to the receiver, you find that you will have to wait until the next day due to missing the appointment. If this particular incident ends up negatively affecting your pay, then you might have a case for coercion.

    Thoughts?
     
  11. Cowpie1

    Cowpie1 Road Train Member

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    Exactly. Something to makes low self esteem folks who cannot take care of themselves believe that the government cares for them. Will not change anything.
     
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