Prohibiting driver coercion

Scope

These requirements apply to driver who works for or interacts with motor carriers, shippers, receivers, and transportation intermediaries.

Regulatory citations

• 49 CFR 390.6 — Coercion prohibited

Key definitions

• Coercion: A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of motor carrier safety, hazardous materials, or commercial regulations.

• Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.

• Receiver: A person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate or intrastate commerce.

• Shipper: A person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.

Summary of requirements

A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a CMV to operate such vehicle in violation of the:

• Federal Motor Carrier Safety Regulations (Parts 380-383 and 390-399 and §§385.415 and 385.421) including drivers’ hours-of-service limits, the commercial driver’s license (CDL) regulations, drug and alcohol testing rules;
• Hazardous Materials Regulations (Parts 171-173 and 177-180); or
• Commercial Regulations (Parts 356, 360, and 365-379).

Drivers who believe they were coerced to violate a regulation described above may file a written complaint with the Federal Motor Carrier Safety Administration (FMCSA).

The complaint must state the substance of the alleged coercion and must be filed with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or the FMCSA Division Administrator for the state where the driver is employed no later than 90 days after the event.

Each complaint must be signed by the driver and must contain:

• The driver’s name, address, and telephone number;
• The name and address of the person allegedly coercing the driver;
• The provisions of the regulations that the driver allegedly coercing the driver; and
• A concise but complete statement of the facts relied upon to substantiate each allegation of coercion, including the date of each alleged violation.

Upon the filing of a complaint of coercion, the appropriate FMCSA Division Administrator must determine whether the complaint is non-frivolous and meets the coercion complaint requirements.

If the FMCSA Division Administrator determines that the complaint is non-frivolous and meets the coercion complaint requirements, the Administrator must investigate the complaint. The complaining driver must be notified of findings resulting from such investigation in a timely manner.

If the FMCSA Division Administrator determines the complaint is frivolous or does not meet the coercion complaint requirements, the Administrator must dismiss the complaint and notify the driver in writing of the reasons for such dismissal.

Protection of complainants. Because prosecution of coercion will require disclosure of the driver’s identity, FMCSA must take every practical means within its authority to ensure that the driver is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of such disclosure. This will include notification that federal law includes broad employee protections and that retaliation for filing a coercion complaint may subject the alleged coercer to enforcement action by the Occupational Safety and Health Administration.