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 protect


drivers from being coerced to violate rules by carriers, shippers, receivers and intermediaries. Te 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 “It kind of takes us out of the shipper


saying, ‘Tis is the load, and if you want to continue doing business with us, you’re going to have to get it there.’ It stops all that stuff,” Newell said. “But on the flip side of that, it puts us right back in the middle of it. … If a driver’s disgruntled and he can make the accusation, then it’s up to us to do all the back office work in order to defend it. So to me, that’s not good.” MAP-21, the nation’s previous surface


transportation law passed in 2012, required the Federal Motor Carrier Safety Administration to create such a rule, which went into effect Jan. 29. Under the rule, drivers must make a complaint about coercion within 90 days of the incident. Penalties can be as high as $16,000 per violation, which will be deposited into the Highway Trust Fund. Te agency’s fines are usually limited to


two percent of a firm’s gross revenue. However, the Federal Register published Nov. 30 states, “FMCSA will take aggressive action when a


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violation of the prohibition against coercion can be substantiated. Tis action will include civil penalties consistent with the regulations, and may include initiation of a proceeding to revoke the operating authority of a for-hire motor carrier.” Te obvious concern is that drivers will


make unsubstantiated claims for one reason or another. Prasad Sharma, an attorney


partner at Scopelitis, Garvin, Light, Hanson & Feary, which represents motor carriers and intermediaries, said the FMCSA took that possibility into account. “I would hope that’s not a frequent


occurrence, but I think that does happen, and I think FMCSA recognized that in the rulemaking,” he said. “In fact, it kind of went out of its way to say, ‘Well, we may not pursue


NEBRASKA TRUCKER — ISSUE 3, 2016 — www.nebtrucking.com


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