Recently, FMCSA issued a Notice of Proposed Rulemaking to prohibit motor carriers, shippers, receivers, or intermediaries (i.e., brokers) from coercing a driver to violate many but not all of the Federal Motor Carrier Safety Regulations, CDL and drug and alcohol regulations, and/or the hazmat regulations. The proposed rule added a provision prohibiting entities that operate commercial motor vehicles from coercing drivers to violate the commercial regulations. The agency would define coercion as a threat to withhold, or the actual withholding of, current or future business, employment (i.e., termination) or work opportunities from a driver objecting to operate in violation of the covered regulations, such as the hours of service limits or vehicle maintenance requirements. The proposal adopts a “knows, or should have known” standard, noting that a carrier has an affirmative duty when assigning a trip to ensure it can be completed in compliance with the HOS rules. That standard is extended to shippers, receivers, and transportation intermediaries when they direct the completion of a run within a certain time.
