DOT Prohibits Driver Coercion

11_30_15 - FMCSA 11-30 FR prohibit driver coercion.pdf

On November 30, 2015 (80 FR 74695), the Federal Motor Carrier Safety Administration (FMCSA) published a final rulemaking in the federal register to adopt regulations that prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles (CMV) in violation of certain provisions of the Federal Motor Carrier Safety Regulations (49 CFR Parts 386 and 390) including drivers’ hours-of-service (HOS) limits; the commercial driver’s license (CDL) regulations; drug and alcohol testing rules; and the Hazardous Materials Regulations (49 CFR Parts 107-180). In addition, the rule prohibits anyone who operates a CMV in interstate commerce from coercing a driver to violate the commercial regulations. This rule includes procedures for drivers to report incidents of coercion to FMCSA, establishes rules of practice FMCSA will follow in response to reports of coercion, and describes penalties that may be imposed on entities found to have coerced drivers. This ruling will have safety benefits from increased compliance with the regulations and driver health benefits if HOS violations decrease. This rulemaking is authorized by section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended. This final rule is effective January 29, 2016. Petitions for Reconsideration of this final rule must be submitted to FMCSA Administrator no later than December 30, 2015.