ADHERENCE TO CSA 2010 CAUSES DRIVERS TO BE PRESSURED BY CARRIERS TO VOLUNTARY QUIT JOBS OR BE FIRED

And this is how they create a driver shortage so they can justify importing foreign drivers.

 

The only non painful way is find a gig that keeps their gear up to snuff

 

...so you're complaining that if you choose to drive an unsafe vehicle, it will be held against you? Why do you feel it should be OK for you to drive who knows how far to the nearest DOT scale to have the truck put OOS? An unsafe truck isn't any less unsafe on its way to see the DOT...so what happens if you should get into a wreck along the way? Should you still get a free pass because you claim you were heading to the scale to be shut down?

If a vehicle is unsafe, it should not be driven on public roads.

 

So find a company That will FIX a DOT problem Right away. Stop driving for cheap ### people

 

If what you say is true, call a lawyer who specializes in labor law. He will listen to your details and either agree to take the case on contingency(no charge to you) or he won't, because you don't have a case.

 

the flip side to this,and more common side is that with the old system,guys that refuse to do even a simple walk around cuz they're too lazy,destroy the rating of the companys that do keep they're stuff in good shape.

i know this first hand. we had a guy grab a trailer off the line that had a tire missing,had a bare rim on the inside,he went to get a load, drove from wisconsin to NY state before we got a call from him saying he was missing a tire. it was the inside wheel so he couldn't act like it was there when he left. clearly he was a real stickler on the walk arounds.....

as far as driving an unsafe truck to a scale,if it has to come to that why would you even work there?

 

The Surface Transportation Assistance Act protects drivers from retaliation for refusing to operate a commercial vehicle in violation of FMCSRs. A driver's quit because the only reason he can work for the carrier is by violating the law is what is known as a "constructive discharge." If one is retaliated against the STAA provides remedies including back pay and other compensatory damages.

Paul Taylor
www.truckersjusticecenter.com

 

Here you go;



United States Department of Transportation

• About DOT
• Our Activities
• Areas of Focus

United States
Federal Motor Carrier Safety Administration
Search form
GO
toggle main menu
Main menu

• About Us
• Regulations
• Registration
• Safety
• News
• FAST Act

Home › Safety

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

Share

• Contact Us
• Careers

 

Another alternative... buy your own and maintain it yourself. Then the issue is resolved.