Driver coercion mitigation rule projected to be published this month

| April 16, 2014
truck at dock
FMCSA is working on a rule to mitigate potential coercion of drivers by shippers, receivers and carriers when crafting new rules.

 

The driver coercion prevention rule bouncing around the regulatory circuit could be published this month, according to a Department of Transportation rulemaking update released this week. 

Related

Speed limiter rule coming? DOT report says yes, and could be this year

Joining an already full trucking regulatory docket this year could be a rule that requires trucks to use speed limiters, though what the limited speed may be isn’t known.

The DOT projected the rule to clear the White House’s Office of Management and Budget April 14, but the rule is still being reviewed by the OMB. 

The DOT projects in its report the rule will be published April 23, but given the delay in OMB clearance, it likely will be delayed slightly. 

The rule would create a requirement that the agency “consider whether coercion of drivers” by shippers, receivers, carriers or brokers “is a concern when developing a rule.” It would have a 60-day public comment period following its publication. 

DOT also projects action soon on the carrier Safety Fitness Determination rule and the rule mandating speed limiters in trucks, with the former projected to be submitted to the Office of the Secretary of Transportation May 6 and then onto the OMB June 6 and the latter sent to OST May 21 and OMB June 26. 

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The Safety Fitness Determination rule would allow the agency to use a similar data set it uses for its Compliance, Safety, Accountability program’s Safety Measurement System rankings to produce a score for carriers it could then use to target unsafe carriers for intervention. 

DOT projects the rule to be published Sept. 16 and to have a 90-day public comment period ending Dec. 15. 

The speed limiter rule would require use of speed limiters in trucks weighing more than 26,000 pounds. The American Trucking Associations and Roadsafe America petitioned the National Highway Traffic Safety Administration for the rule. It’s expected to be published in October. Click here to read more on prior Overdrive coverage of the speed limiter rule. 

  • Brad Kayganich
  • Jimmy the Greek

    Good to know that others out here know !

  • douglasmorton

    The FMCSA is going to stop potential coercion? You have to be joking, if you don’t do what the companies or dispatchers want you just will be black balled. Then they say we didn’t do anything wrong, then you lose wages getting a lawyer and time with the outcome being you lose in court. Get real

  • john f

    that’s it, I’m done !!

  • g

    Oh..coercion mitigation? Ya mean “have it there on time or else”?
    Cops are JUST NOW waking up to the fact that the driver is NOT the only guilty party when he is hurrying to move the freight? This has been going on since day One. Cops are acting all surprised? Anne Ferro sits with her mouth AGAPE upon hearing that drivers are basically ABUSED and HORSEWHIPPED by greedy CROOKS??? They should put somebody IN CHARGE that has actually DRIVEN a TRUCK??

  • g

    YEP they will attack the driver on his DAC file….make up COMPLAINTS…Late DELIVERY, INCIDENTS, ACCIDENTS….DO NOT HIRE black ball tactics….any INTIMIDATION they can think of if the Driver/Slave does not deliver on time…even though he has equipment issues…and is running over hours…..Companies will say they knew NOTHING of ANY impropriety and the driver is simply a no good Renegade. lol…..

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  • Brad Kayganich

    Yes it is. I advise everyone to go to this site. You want the truth. It’s sitting right in your face.

  • Jim Kennedy

    Has the FMCSA stopped coercion so far? I think that’s why u have whistleblower rules/regs. But it comes back to companies not standing behind their drivers.

  • Asphalt cowboy

    You are aware you can clean up your dac?
    You can get lies erased off your dac
    And you can get your report at any time

  • Roadman

    Coercion is the whole idea behind electronic logs and eobr’s and the companies that are pushing for them are the same ones that control the FMCSA so I doubt anyone will be protecting drivers any time soon.

  • steve4447

    Just as long as Drivers will give it they..(The Companies…Shippers and so on).. will take it….Maybe the Mexican Drivers will stand up to them and strike or boycott…

    It looks like the White American Drivers Never Will!….Just how long has it been now?…50 Years?

  • g

    I used to enter Rebuttals…..at DAC…..but the Company has to agree to have the issue ERASED…..which can be accomplished with a Lawyer……

  • g

    Why would a company stand Behind a driver?? It pays better to Rip Off the driver…..then Boot the dime a dozen chump out the door…..thats what usually happens.

  • rcaircraftnut

    You guys didnt read the article. It said this rule would require fmcsa to consider if a new rule could be used to or cause coercion of drivers when making all new rules. Nowhere did it say they were making a rule preventing or prohibiting coercion as these rules would be redundant. See whistleblower act, ect.

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  • g x g truckingof lemon bay. 0-

    Same speed for all trucks will cause triple accidents not good