Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/324702
Logbook 14 | Overdrive | June 2014 The Federal Motor Carrier Safety Administration last month released a proposed rule prohibiting carriers and others from coercing drivers to drive beyond hours of service limits or to violate other federal rules. The proposed rule also puts in place procedures for drivers to report allegations to the agency and proce- dures for the agency to respond. The coercion rule, which has a 90-day comment period from its publication date, was mandated by the MAP-21 highway funding act. The rule would make it illegal for carriers, shippers, receivers or brokers to coerce drivers by threaten- ing them "with loss of work or other economic opportunities" for refusing to drive when doing so would violate any regulation. The rule imposes a penalty of up to $11,000 per violation. The agency also says it has the authority to sus- pend or revoke authority from a carri- er or broker if it does not comply. Any claims by drivers would lay the burden of proof on the accusing driver. Drivers must present evidence to FMCSA to back up their claims, the agency says. Comments can be made online at regulations.gov using Docket No. FMCSA-2012-0377. – James Jaillet Rule would prohibit driver coercion Two highway bills made their way to Congress in April and May, one coming from Senate transportation leaders and the other from the White House. The Senate's Environ- mental and Public Works Committee unveiled its bill in May and passed it the same week. It is a six-year extension of the Moving Ahead for Progress in the 21st Century (MAP-21) act and does not include many trucking-related provisions. The Obama adminis- tration released its bill in late April, and though it is more of a longshot for passage in Congress, it does have several inclu- sions that could impact trucking, such as allow- ance of tolling on existing interstate lanes and the requirement that truck operators be paid at least minimum wage for on-du- ty time not spent driving. It is a four-year $302 billion plan that would rely on business tax reform for funding. The Senate bill would extend current funding levels, but with small year-to-year increases to account for inflation. Its funding source is unknown, as the cham- ber's purse strings are controlled by the Senate Finance Committee. The White House plan, the Grow America Act, still must pass the Senate and the House to be en- acted, which is a tall order, especially in the Republi- can-controlled House. It would allow the U.S. Department of Transpor- tation to require carriers to pay drivers for time spent on-duty but not driving, such as time detained at shippers and receivers. Compensation for this time would be "at no less than the federal minimum wage," accord- ing to DOT's analysis of the bill. The bill also removes the prohibition of tolling existing interstate lanes, and approval of tolling measures would fall to DOT on a project-by-proj- ect basis. The Owner-Operator Independent Drivers Association said it has "many concerns" with the president's bill, including the tolling measures and allowing toll revenues to be used for costs oth- er than highways and bridges. The American Trucking Associations also expressed disapproval for the bill. "Any proposal that moves away from a user fee-fund- ed transportation system is not going to be accept- able," said Bill Graves, president and chief execu- tive officer. – Staff reports The rule is related to the electronic logging device mandate proposed in March, whose predecessor was tossed out in court in 2011 due to lack of pro- tections against driver coercion and harassment. Two highway bills proposed Obama's plan includes mandatory detention pay Logbook_0614.indd 14 6/3/14 10:52 AM