Page 20 - ATR 1 2016 web

Maverick’s Newell said the rule
was needed in order for the FMCSA to
“we should all Be committed to drivers implement its new rule requiring motor
operatiNg withiN the rules, aNd this exteNds carriers to install electronic logging
devices in trucks, a measure Maverick
prohiBitioNs that motor carriers have and the Arkansas Trucking Association
always BeeN uNder.” support.
But he is also concerned about
—richard piaNka, ata geNeral couNsel potential unforeseen effects.
“We’ve always been good when the
driver said, ‘I’m tired;’ we just automati-
cally shut them down,” he said. “My
biggest fear, though, is, ‘OK, well, we
with the way FMCSA addressed those shut them down and they miss a load
concerns. that was going to get them home, are
“We definitely don’t think that they going to construe that as coer-
anybody should be urging drivers to cion?”
violate the hours of service rules,” he One area that’s clear: A shipper or
said. “We think compliance of hours receiver can order a driver off its prop-
of service rules is important, and so we erty, even if the driver claims he’s out
certainly support, in general, FMCSA of hours, without being guilty of coer-
taking steps to ensure that nobody’s cion. The rule recognizes that property
pushing drivers to drive outside their owners have a right to control access to
hours. … It’s a new rule, and like any their property, Sharma said.
new rule, we’ll have to see exactly how
it plays out in practice.” coercion count
The final rule was amended to The Federal Register documents
require the driver to make a specific that the Occupational Safety and
objection in order for coercion to occur. Health Administration had determined
kind of went out of its way to say, ‘Well, That was a good change from the ATA’s that 253 whistleblower complaints
we may not pursue all claims. That perspective, Pianka said, because it against employers from 2009 through
doesn’t mean they’re false claims. It just means carriers and shippers won’t be 2012 by drivers had merit (out of
means they’re unsubstantiated.’” required to guess at how much time a 1,158 complaints), while FMCSA had
The agency published its notice of driver has left. Instead, the driver must validated 20 allegations by drivers that
proposed rulemaking May 13, 2014, object at the time the request is made they had been coerced by carriers (out
and received 90 submissions. The and will have to show coercion occurred. of 91 complaints). Those complaints
American Trucking Associations sup- Sharma, former general counsel for were all against employers, while the
ported a ban on coercion but expressed the American Trucking Associations, rule also applies to shippers, receivers
concern about the rule’s effect on said other improvements would have and brokers.
motor carriers’ relations with shippers, kept the regulation out of some gray The Register reported that drivers
receivers and brokers. Others worried areas. While he’s glad that drivers must testifying at FMCSA listening sessions
about unintended consequences, such affirmatively object to a potential rules and before Congress said they were
as unfair allegations made by drivers. violation, he wishes the FMCSA would being coerced by carriers, shippers,
Concerns were expressed regarding have required them to record their receivers and others to deliver loads
whether entities would have to inquire objections in writing at the time of the that would force them to violate hours
as to the number of hours a driver had alleged incident. Such a move would of service and other regulations, or
driven. help resolve disputes, he said. to operate vehicles with mechanical
Asked if a driver could be expected problems.
rooM For iMProveMent to do that in the moment, he said, “It “The consequences of their refusal
Richard Pianka, ATA general coun- seems to me if the driver is concerned to do so are either stated explicitly or
sel, said his group was supportive of enough that there’s going to be a viola- implied in unmistakable terms: Loss
the concept but concerned about the tion, asking the driver to put that down of a job, denial of subsequent loads,
details, such as how to define “coer- at the time they’re making the objection
cion.” He said ATA was generally pleased would not be too far a step.” 

20 arkansas trucking rePort | issue 1 2016