Page 19 - ATR 1 2016 web

rule sPells out,

bans ‘coercion’

New rule defines ‘driver coercion’ and demands lofty penalties for perpetrators

by steve brawner
Contributing Writer

A new FMCSA rule is meant to pro-
tect drivers from being coerced to vio-
late rules by carriers, shippers, receivers
and intermediaries.
The rule works in carriers’ favor by
discouraging shippers from trying to
force drivers to violate hours-of-service
limits, CDL rules, drug and alcohol
testing rules, and regulations governing
hazardous materials.
But it also applies to carriers, and
that could be a problem, said Dean
Newell, Maverick Transportation vice
president of safety and training.

carrier’s burden “if a driver’s disgruNtled aNd he caN make
“It kind of takes us out of the ship- the accusatioN, theN it’s up to us to do all
per saying, ‘This is the load, and if you the Back office work iN order to defeNd it.”
want to continue doing business with
us, you’re going to have to get it there.’
It stops all that stuff,” Newell said. “But —deaN Newell, maverick traNsportatioN vice presideNt
on the flip side of that, it puts us right of safety aNd traiNiNg
back in the middle of it. … If a driver’s
disgruntled and he can make the accu- will be deposited into the Highway The obvious concern is that drivers
sation, then it’s up to us to do all the Trust Fund. will make unsubstantiated claims for
back office work in order to defend it. The agency’s fines are usually one reason or another. Prasad Sharma,
So to me, that’s not good.” limited to two percent of a firm’s gross an attorney partner at Scopelitis,
MAP-21, the nation’s previous revenue. However, the Federal Register Garvin, Light, Hanson & Feary, which
surface transportation law passed published Nov. 30 states, “FMCSA will represents motor carriers and interme-
in 2012, required the Federal Motor take aggressive action when a violation diaries, said the FMCSA took that pos-
Carrier Safety Administration to create of the prohibition against coercion can sibility into account.
such a rule, which went into effect Jan. be substantiated. This action will include “I would hope that’s not a frequent
29. Under the rule, drivers must make civil penalties consistent with the occurrence, but I think that does hap-
a complaint about coercion within 90 regulations, and may include initiation pen, and I think FMCSA recognized that
days of the incident. Penalties can be of a proceeding to revoke the operating in the rulemaking,” he said. “In fact, it
as high as $16,000 per violation, which authority of a for-hire motor carrier.” 

arkansas trucking rePort | issue 1 2016 19