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Transportation Consultants Inc. 

Update from FMCSA

FMCSA’s CAN NOW PENALIZE FOR VIOLATION OF REGULATIONS
Agency will penalize entities for forcing drivers to violate regulations

Posted January 25, 2016/NATC

A final rule issued by the Federal Motor Carrier Safety Administration’s (FMCSA) to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations takes effect on January 29. The rule provides FMCSA with the authority to take enforcement action against motor carriers, shippers, receivers, and transportation intermediaries.

The final rule was published in the November 27 issue of the Federal Register, it prohibits entities from coercing drivers to violate the Federal Motor Carrier Safety Regulations (FMCSRs) which include:

  • Hours of service (HOS) limits,
  • Commercial driver’s license regulations,
  • Drug and alcohol testing rules, and
  • Hazardous Materials Regulations.

According to the FMCSA, the rule addresses three key areas concerning driver coercion:

  • Procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA,
  • Actions the FMCSA could take in response to incident reports, and
  • Penalties that may be imposed on entities found to have coerced drivers.

In formulating this rule, the agency based the rule among other things on the voices of many commercial drivers who reported being pressured to violate federal safety regulations with licit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.