Expert Insights: A driver’s struggle with his employer’s lack of compliance
Not so long ago, I received a phone call from a veteran professional driver, asking for assistance in understanding the hours-of-service regulations for drivers of passenger-carrying vehicles. Though this request is a relatively common one, I found this call to be a bit out of the ordinary.
The driver had a very good understanding of the hours-of-service limits as well as the record-of-duty status requirements. This gentleman was so knowledgeable on the subject he could have conducted training for other drivers.
That’s when the conversation turned to the issue of on-duty time — and the real reason for his call. He was concerned about what he correctly perceived as a lack of compliance by his employer.
Though the driver has a solid understanding of the definition of on-duty time, his employer didn’t, and clearly was not in compliance. Based on this driver’s account, the carrier was requiring its drivers to exceed their on-duty limits, in some cases requiring drivers to be awake and on duty for 20 to 22 hours at a time.
Though there was an issue with compliance, the driver’s major concern was the safety of the passengers transported by this company’s vehicles.
Report safety concerns
Passenger safety is also a major concern of the Federal Motor Carrier Safety Administration (FMCSA).
On a regular basis, FMCSA partners with state enforcement to conduct unannounced motorcoach inspections at popular travel destinations, including festivals, casinos, and national monuments throughout the country. In addition, the agency encourages the public to report unsafe passenger-carrying operations though its toll-free hotline ((888) 368-7238) or its consumer complaint website.
The bottom line is that though many passenger-carrying motor carriers are safe and reputable, some are not. If you see something, report it. The passengers on that vehicle are someone’s mom, dad, child, or friend.
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