The Coercion law

Coercion
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). Coercion may be found to have taken place even if a violation has not occurred. An example of coercion is when a motor carrier terminates a driver for refusing to accept a load that would require the driver to violate the hours of service requirements. 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.

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.

Filing a Coercion Complaint with FMCSA
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.

All coercion complaints must be in writing and can be mailed to the Division Office located in the state where the complainant is employed or filed with the National Consumer Complaint Database.

File a Whistleblower Complaint with the Occupational Safety and Health Administration (OSHA)
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.

Updated: Friday, February 5, 2016
Prohibiting Coercion of Commercial Motor Vehicle Drivers (Coercion Rule)

• Coercion Press Release

• FMCSA's National Consumer Complaint Database

• FMCSA Division Offices

• OSHA Whistleblower Complaints

U.S. DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

855-368-4200

- See more at: https://www.fmcsa.dot.gov/safety/coercion#sthash.rOMcNjck.dpuf

 

It is a friggin joke. Unless you have something in writing to prove that the other party has threatened you in some way, there is no way that you can prove it. Record it, without the other party knowledge that they are being recorded, I don't think so. It is going to be "your word against his word". I will give you a good example, try reporting a trucking company or another driver for safety violations, you must sit down, write a letter detailing names, dates , truck numbers and exactly what occurred. Phone calls are a waste of time.

 

Actually not all Troopers are. Like here in SC DOT officers handle all DOT laws. We handled all the wrecks and enforced the traffic laws. Now we could do DOT work if we wanted but none of us did.

 

I think it is useful when you need to take your 10 at a customer etc. If you are out of hours you are out. I don't think it is really useful in real life to win but it should be able to let you take your break there.

 

that is the reason for it. If you are out of hours you are out. They cannot tow a vehicle with a person inside so cops are called. Get the correct cop out there and it's fine.

 

On the shipper's or receiver's property, out of hours, they tell you to leave, "oh I can't I am out of hours". " Sir, this is Friday and we are closing and locking everthing up until Monday morning, if you do not leave, you will be locked in until Monday". Now, pray tell me how this "joke of a law" going to work in a situation like this?

 

false imprisonment... and I bet the employee parking lot is not behind such gates.

and that so called joke of a law had cost companies hundreds of thousands of dollars already... just takes a drivers to stand up and have it enforced.

 

Name one company that has paid a fine. I will wait for you to name one.

 

Martin Transport has had to pay 150,000 to its drivers already this year.

 

sorry Marten not Martin

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