Prohibiting driver harassment

Scope

This requirement applies to drivers and motor carriers.

Regulatory citations

• 49 CFR 390.36 — Harassment of drivers prohibited

Key definitions

• Harassment: An action by a motor carrier toward a driver employed by the motor carrier (including an independent contractor while in the course of operating a commercial motor vehicle on behalf of the motor carrier) involving the use of information available to the motor carrier through an electronic logging device (ELD) or through other technology used in combination with and not separable from the ELD, that the motor carrier knew, or should have known, would result in the driver violating the ill or fatigued operator provisions in 392.3 or the hours-of-service regulations in Part 395.
• 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.

Summary of requirements

No motor carrier may harass a driver.

Drivers who believe they were the subject of harassment by a motor carrier may file a written complaint under 386.12(b).