New FMCSA Regulation to Prevent Coercing Drivers to Break HOS Regulations

Careful what you say to your carriers and drivers regarding delivery times.  You could get yourself in trouble!

New FMCSA Rule Prohibiting Coercion

Ever said to your driver, “that needs to get there by 8am tomorrow, or we’ll never hire you again!”.  According to the FMCSA, that could constitute coercion.  If for example, the driver is out of hours and is being pressured to make the delivery despite being out of hours, you could get yourself in trouble.

To get yourself in trouble, you need to make a service request, the driver informs you he/she is out of hours, or that complying with the service request would violate the law, and then you as a client or employer threaten the driver to meet the service requirement.

This rule comes into effect on January 29^th, 2016.

The way this works is that the driver would file a complaint with the FMCSA and if they deem there is sufficient evidence to warrant an investigation, they will take over investigating the complaint.

What Can Happen if I Coerce a Driver?

According to the regulations, the FMCSA can levy fines, take away your license to operate as a trucking company and/or brokerage and possibly make you subject breaking workplace safety regulations.

How can I comply with this new regulation?

It might be a good idea to do some training with you logistics personnel making them aware of the rule and to counsel them on how to handle service requests when they are pushing the limit on the driver’s Hours of Service.

Where can I find more information?

FMCSA:                https://www.fmcsa.dot.gov/regulations/rulemaking/2015-30237

https://www.fmcsa.dot.gov/safety/coercion

Final Rule:           http://www.gpo.gov/fdsys/pkg/FR-2015-11-30/pdf/2015-30237.pdf

If you’re having service issues, call DSN.  We can often find drivers with enough available hours to meet your service request or provide you with other service options including team service.  We’re transportation experts here and DSN and are here to help.  Contact us today for a free evaluation of your freight needs.

Disclaimer:  This article is a good faith summary of rules as published by the FMCSA and does not constitute legal advice.  Please consult with your legal team independent advice on specific issues on how this new rule may affect your business.