FMCSA Prohibition Against Coercion of Drivers Becomes Effective

January 2016
By Alan E. Seneczko, Esq.

On January 29, 2016, motor carriers, shippers, receivers and transportation intermediaries (e.g., brokers, freight-forwarders, etc.) become subject to a new regulation (“The Coercion Rule”) that prohibits them from “coercing” drivers of commercial motor vehicles to operate their vehicles in violation of federal motor carrier safety regulations, including drivers’ hours-of-service limits; commercial driver’s license (CDL) regulations; drug and alcohol testing rules; the hazardous materials regulations, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.

Under the new regulation, “coercion” occurs when one of the above entities (or their agents) threatens to withhold business, employment or work from, or to take adverse employment action against a driver in order to induce him to operate his vehicle in violation of any of these regulations, or to punish her for refusing to do so. In order for a violation to occur, the carrier, shipper, etc. must request a driver to perform a task that would require the driver to violate a regulation; the driver must object (i.e., inform the carrier, etc. that the violation would occur); and the entity must threaten or take action against the driver to get him to take the load despite the violation. The rule allows drivers to report incidents of alleged coercion to the FMCSA, which is authorized to issue civil penalties against violators and, for willful violations, to potentially revoke a carrier’s operating authority.

Although drivers have always been protected against such retaliation under the Surface Transportation Assistance Act, the regulations themselves have always focused on the supply side of motor carrier industry (i.e., drivers and carriers). Now, under the Coercion Rule, the demand side of the industry (i.e., shippers, brokers, travel groups, etc.), whose actions also impact transportation safety, has been brought into the fold.

For more information on the Coercion Rule, go to http://www.fmcsa.dot.gov/safety/coercion or contact Attorney Alan E. Seneczko at (262) 560-9696 or alseneczko@wesselssherman.com.