driver training coercion for motor carriers
TRANSCRIPT
Drive change through education.inspiration
DRIVER COERCION TRAINING
SPONSORS
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The rule prohibits coercing a driver to operate a commercial motor vehicle (“CMV”) where the driver has objected that such operation would require the driver to violate regulations of the FMCSA, including the Federal Motor Carrier Safety Regulations (“FMCSR”).
• The rule applies to direct coercion of the driver.• Although a decision to withhold business from a motor
carrier is not covered by the rule it could be a violation if the driver is the carrier. (IC)
PROHIBITED CONDUCT
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DO I HAVE TO ASK?
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There is no duty to ask the driver whether or not he or she can complete the requested services without running afoul of regulations.
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A claim of coercion requires the driver to object and to at least generally identify the regulation that would be violated. Examples of the agency:
objecting to a particular trip because of an HOS problem (“they told me to keep driving even when I hit 11 hours”); a maintenance problem (“the last inspection certificate was 3 years old”); or an equipment issue (“there was no tread on the front tires; I could see the ply in a couple of places”)I informed them I was too fatigued to drive (they told me I had hours available to drive so keep driving).
• A coercion complaint can be made if the driver refuses the load and is then arguably punished for the refusal.
THE DRIVER MUST OBJECT
• Firing or laying off a driver that has voiced an objection;• Decreasing dispatch opportunities, reducing pay, or
reducing hours;• Reassigning the driver in such a manner as to impact
promotion prospects; • Reassignment to less favorable shifts or routes; • Moving the driver to the “bottom” of the dispatch list
after rejecting dispatch (if the driver would not have otherwise moved to the bottom had the load been accepted); or
• Reporting negative information in an employment history (though FMCSA has recognized that there will be significant evidentiary obstacles to making a coercion case tying the report to the driver’s refusal to be coerced).
• Refusal to work with the driver in the future, or• Threatening to make a negative report about the driver.
EXAMPLES OF POTENTIAL COERCION
How you respond depends on the objection.• Example 1: If the driver objects to the condition of equipment at
pick-up location and the equipment cannot be repaired at that location, driver should not be allowed to proceed.
• Example 2: If the driver objects to the condition of equipment at pick-up location and the equipment cannot be repaired at that location, driver should only be allowed to proceed if it is clearly documented in the file that the driver was given complete discretion as to whether transporting the load would constitute a violation.
• Example 3: If the driver objects that he or she may not be able to complete a delivery without running out of hours, and the carrier is willing to take the risk of a late delivery, then the driver could technically be dispatched without breach of the underlying regulations.• Clear instructions to cease operations prior to running out of
hours, even if it means a missed delivery, should be given and documented.
RESPONDING TO OBJECTIONS
THINGS TO REMEMBER
Once a driver has objected:• If the objection is such that transportation of the load would be a clear violation
of regulations, the driver should not be allowed to transport a load.• If the objection is such that dispatch cannot determine whether or not a
violation would clearly result, the driver should be instructed that if he or she believes a violation would result, then the load should not be transported.
• If the objection is such that the driver could clearly initiate the move without a violation, then, if driver is subject to forced dispatch considerations, the driver can be dispatched.• But, clear instructions should be given that in no event should the driver
violate the regulations even if it means a missed appointment.
DOCUMENTING OBJECTIONS AND RESPONSES
Objections and responses need to be documented in the load file.
• Ideally, the records will show the actual response given to the driver (e.g., a recording of the conversation, or a copy of an electronic communication sent to the driver).
• If not available, then dispatch should at least document the discussion preferably in the “notes” section in the dispatch system with a time stamp.
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