It seems like driver coercion has been an issue in the trucking industry for as long as there have been truckers. But finally, after years of waiting, the Federal Motor Carrier Safety Administration has published the final rule that they hope will help to prevent driver coercion.
While forcing a driver to take an action that puts them at risk or violates a federal law has never been allowed, up until now there wasn’t a formal rule that prohibited coercion while defining specifically what it was. So according to the FMCSA, driver coercion is defined as follows:
“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).”
It is important to note that while many people think of a pushy dispatcher when they think of driver coercion, the rule doesn’t limit itself to only carriers. Anyone along the chain who threatens a driver can be found guilty of coercion and subject to repercussions.
If a company or individual is found guilty of coercion, they can be fined up to $16,000. That number is up from the originally proposed $11,000 fine which many in the industry said was too low.
According to the FMCSA, coercion must be proven using the following steps:
- 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.
It also falls on the driver to provide proof that all of those steps occurred. When filing a coercion complaint, the FMCSA recommends that you include as much “supporting information” as possible such as text messages or email exchanges, recorded phone conversations, witnesses to the coercion, etc.
There has been concern that serial offenders won’t see a need to stop since the burden of proof is on the driver and the possible repercussions are limited to only $16,000. Coupled with a driver’s fear of additional repercussions, many feel that drivers won’t want to take the risk about speaking out, but the FMCSA says that anyone who reports driver coercion will receive OSHA whistleblower protection.
The DOT seems satisfied that the rule they’ve created will prevent driver coercion where the whistleblower provisions alone have failed.
“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said DOT Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”
The rule will go into effect on January 29th, 2016 and at that time drivers will be able to start submitting complaints to the FMCSA through their website here.
Source: gobytrucknews, overdrive, fmcsa, fmcsa
Like a regulation is going to stop a shipper or receiver from telling a driver they have to leave the premises when they’re out of hours. Just another feel good joke from Washington.
So does this mean when a receiver takes 5 hours to unload (are you listening Walmart, Target, Koger, et al?) and you have run out of hours, that they must provide parking for you to complete a break?
EXCELLENT QUESTION!
Good question. Im ready for revenge..Pay this window!
Thats what comes to my mind also…however at present when I know they will keep me beyond my available hours…I let dispatch know…I tell them two choices; I drop the trlr at their dock ,they load it and I will come back after my break to pickup load, or I leave with the trlr partially loaded or mty and cya after my break…pain in the azz…but hey you provide no parking the hell with you….I work for a company that supports this action…as I tell them the shipper is causing the DOT violation that’s not my fault! I do this in timely way that I know I have the chance to get somewhere and park, the hell with them. Usually our CSR dept will get involved and tell the customer, you have a choice, work within the DOT hrs, reschedule your load, or provide parking, or we will have to do the above measures, end of subject. So yes I hope they do get reported by a few drivers out there under the new rulz
So as you sit there and dont get paid and they delay you what if they say come back in 3 days and you can deliver then.
I see this as a problem we will deal with from now on.
Here are my questions what is my time worth what is my tractor and reefer trailers time worth Please dont tell me $50.00 AN HOUR AFTER 4 HOURS AND A LIMIT OF $300.00 FOR 2 OR 3 DAYS to get unloaded.
Here another question I have been told that dot will let us go to a safe parking area after are 14 hours are up “So happens you pull out the gate and someone hits you do the cops say its ok that you violated your hours Let along the lawyers or insurance company have no problem with you not being legal to drive at that time.
I would like this in writing from dot that states its ok to go beyond there rules and nothing will ever happen to me ticket wise if I get caught.
I agree some of these DC’s are ridiculous with the no parking rules. I got a load to Walmart yesterday that had 500 miles and they expected delivery exactly 12 hours from pick up, and you can not arrive early. then they took my trailer and took 4 hours to Unload me. That’s 2 hours over my 14 people…. I go lucky with this one and they didn’t fuss and allowed me to finish the break I started when I got there. But damn it people! This is a stressful enough job rather than have to worry about fighting for a place to sleep!!!!
Fantastic! Too bad it couldn’t work in retro! I’d be rich because almost every company I ever drove for abused every aspect of my employment with them – especially because I am female! Now, if we could only get more people on board protecting us females from the sexual abusers, the industry would be gold!
Only problem is, it isn’t paid to the driver. And, never will be.
This is a great move forward for fixing the Shipper/Receiver problem, for sure, as it will cost them more to pay the penalties than to fix slow load/unload issues.
Otherwise, this is just one more ‘fine’ the government is going to calculate they will receive X dollars a year from.
Hey Peggy try Ashley Furniture they allow NO SEXUAL HARASSMENT what so ever and they mean it and it’s a Dang Good company!!!!
ROFLMAO Yeah..ok…
Being that sexual harassment only applies to those that work within the transportation industry. Stop whining.
A lot of empty air, when the burden falls on the driver. How many drivers carry their phones ready to record. Also, how much “proof” is required? I’d hate like hell to report coercion , only to hear that the proof I have isn’t enough.
So again the burden of proof is put up on the driver to do the work for the FMCSA!!! What about shippers and receivers holding up drivers? Or police officers making you move when you’re trying to take your 10 hour required break stone no accountability with for that
They will just have the Tow truck move you ! No HOS violation s.
Except that it is illegal for them to tow you with you in the vehicle. So, unlikely to be their solution.
I know it is more than inconvenient to legally park in some region’s of this country.
It is absolutely ridiculous some places. Guess what ? Some drivers created this problem. Throwing garbage out into the street. Defecating any where. If you all want hire wages, better quality of life, respect, etc… Then start behaving like the professional you are supposed to be. When you have issues with shippers, carriers, police, etc.. know your rights and know how to apply the law to your situation and above all, stay calm and professional. Knowledge is power. Lack of knowledge makes you appear un-educated and just someone anyone can push around. Do some research, read everything you can that pertains to your position. Then you will be prepared for anything anyone can throw at you. You all Have an extremely difficult profession that requires a special type person to be able to do it, year in and year out. Be proud of what you do. This country needs you. God be with you all.
I guess we’re going to have to get body cams Lol
Well it’s a step in the right direction at least. It would be nice to see the big distribution centers get fined for kicking us off their property after running down our clock!! It’s especially frustrating because most of them have the room to accommodate parking for breaks!!! UGH!
More of those terrible rules and regulation…government intrusion into your lives?…This should have happened 70 years ago…but Drivers are the biggest giveaway artists in the world..the hate Unions and work for free…If they would man up and just demand minimum wage for hours worked..But no…They always roll over and wait for that mean old government to make them do it..
Sad indeed…
The trucking industry still uses Marx system to pay their truckers, and our Congress, bumping their chest about how “American” they are, do nothing. Even 7.25 an hour will make any OTR driver earn a decent wage. If you are not back to the yard, you’re still working, and if your job demands you to rest, you are working too.
Laws in some states ban the use of recording devices and a good lawyer can get pretty much any email or text removed as evidence.
Well it at least this law gives hope to the ignorant.
The key here is to file the Coercion Complaint to the Fed’s, which have a far different standard as far as evidence admissibility goes. Some States, such as Texas and Georgia, have a standard that makes any type of evidence submitted almost 100% guaranteed to be tossed if it’s not documented according to their own law’s. But the Fed’s standards are far more flexible, and require only that the evidence have a trackable, back-to-the-source, trail that can be presented to the Court’s. And that standard, now with the electronic HOS recorder’s, is also now being applied in a much more practical and realistic way.
You can record interstate phone calls legally always. Some states have restrictions on recording phone calls, but even in these states you can record legally from an Indian Reservation. There are so many abuses, it should be no problem to accumulate a lot of evidence. But the problem is the carriers have so many ways to retaliate that might be hard to prove.
I filed a complaint with the FMCSA over a employer in March of 2015 which included a log book page proving HOS violation. I also included the methods of violations such as not using log books when required to circumvent HOS limitations. Result as of this date absolutely nothing back from the FMCSA!
My sentiments exactly. There are some things to like about government (for example roads and bridges) but this is not one of them. Drivers need to stand up for themselves. Doesn’t even need to be organized—but if it is so much the better. Too many drivers individually give their power away. I for one sure don’t.
“My sentiments exactly.” (Refers to Steve Bell’s comment above.)
This is laughable. Are they that naive?
we don’t want you to falsify your HOS but here is a log book just in case you do. Does that sum it up.
So as above, WM, Kroger, Smiths, ect. Hold me up and my detention pay is 12 hrs of the 12 plus hours I am waiting for a door or to be loaded/off loaded. I have to wait till 012916. Ah, sorry, to long, too late. Either forgotten or abandoned!!
I found out the more a Company requires for detention pay at S or R. The faster you are loaded or un-loaded. So, Companies’ up your D Payments’
Now that’s funny. You say Companies up your detention pay but how does that work as an owner operator? If I tell my broker that we charge a detention fee they just say find another broker. There is no way that they are going to charge their customer a detention fee THEY DON’T CARE how long it takes for you to get loaded or unloaded all they care about is how long it takes to get from point A-B anything else means nothing to them.
Ha Ha HaHa Ha HaHa Ha HaHa Ha Ha Ha Ha HaHa Ha HaHa Ha HaHa Ha Ha Ha Ha HaHa Ha HaHa Ha HaHa Ha Ha…Now that’s funny.A coercion rule.All is fixed in Trucking now…Cue the Fat Lady
I say make them provide mandatory parking if you have no hours to safely pu/del with. Also YES up that damn Detention pay and they will move their azz more faster. Its amazing the fastest I been loaded is 20 mins with a full trlr load and the longest has been 34 hrs…LMAO…wake me up when your done…lol. I even said in an evil way one time, how come you weigh 400 pds to the loader and he weighs like 175 pds and he takes 6 times longer? I said he is in training that other dude?..he laughed and said yeah he been 24 yrs in training…LMAO
Yeah I think I’ve seen this before .Kinda like gun free zones. Just put up some signs and people will stop breaking the law .That’s worked out so well .More and more regulation won’t do anything. The companies will keep doing what they’re doing. They’ll just call it something else .Oh no. We fired him because a customer complained. They will just be more creative. Rest assured they will continue business as usual.
They only do this so they can implement elogs. It’s impossible to enforce a rule like this. It’s a compromise .ATA wants elogs so they will have an even playing field with the independents who run paper. OOIDA opposes it sighting companies will pressure drivers. So FMCSA cuts a deal with ATA to implement elogs for a coercion rule trade-off. ATA gets what they want unopposed by OOIDA.
How will the new law on csa scores help Drivers