Student Driver Placement

March 2016

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Lesson Learned 12 www.studentdriverplacement.com March '16 By James Jaillet A new federal rule that implements large fi nes for carriers, shippers and brokers caught pressur- ing drivers to operate beyond federal safety regulations, such as when they're out of hours, is now in effect, as is a new system for truckers to fi le com- plaints for alleged coercion in- stances with the Federal Motor Carrier Safety Administration. The rule is intended to protect truckers from "threats of economic harm," the rule states, such as loss of business, pay, miles, loads and the like, if drivers don't comply with entities trying to push them to oper- ate when they legally can't. The rule, which took effect Jan. 29, sets hefty fi nes for entities caught coercing drivers — $16,000 a pop, a price the agency likely hopes is a coercion prevention measure in and of itself, beyond the federal rules actually prohibiting coercion. FMCSA also plans to work in conjunction with the Department of Labor's Occupational Safety and Health Administration on coercion claims, it says, as FMCSA is only in the position to fi ne carri- ers (or other entities) for coercion instanc- es and cannot pro- vide remedy, such as ordering back wages or punitive damages, to drivers who are found to have been coerced. Drivers fi ling coer- cion complaints must make them in writing to FMCSA's National Consumer Complaint Da- tabase within 90 days of the occur- rence of the coercion instance. The agency will then decide if the Anti-coercion rule now in effect, protects drivers from brokers, carriers threatening 'economic harm'

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