In a move to protect truck drivers, the US federal government have introduced laws like our Chain of Responsibility to hold parties in the supply chain accountable for their actions.
If truck drivers are coerced into breaking the law by any party in the supply chain including motor carrier, shipper, receiver, trucking companies, receivers, intermediaries, freight forwarder or broker, that party will be held accountable.
In the past US truck drivers who breached transport regulations were getting the short end of the stick because they were coerced into breaking the law with the threat of losing out on contracts. Now companies who engage in this type of coercion will be brought to book.
The US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) have developed the legislation which they say will help protect drivers who are being pressurised into breaking the law.
The US Department of Transportation secretary Anthony Foxx explained:
“This rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardises the safety of the driver and of the motoring public,”
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The rule will come into effect later this month, carrying a maximum fine of $16,000 for eah offence. The company involved also risks being shut down, Foxx went on to explain:
“FMCSA will take aggressive action when a violation of the prohibition against coercion can be substantiated,” the department says.
“This action will include civil penalties consistent with the regulation, and may include initiation of a proceeding to revoke the operating authority of a for-hire motor carrier.”
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The FMCSA says there’s been reports of drivers being threatened with job losses to break the law or being coerced with the threat of reduced pay or loss of work hours. According to the FMCSA, there have been 68 acts of coercion on average annually between 2009 and 2012.
The aim of authorities is to make truck drivers feel safe. As acting administrator Scott Darling explained, no driver should feel compelled to bypass safety regulations or put lives at risk.
“Any time a motor carrier, shipper, receiver, freight forwarder or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion.”
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Truck drivers will have to make a complaint and supply the necessary facts to allow an investigation to be launched. Drivers will have a 90 day deadline from the date of the allege incident to lodge a complaint and will also enjoy protection from prosecution for blowing the whistle on illegal activity.
“Drivers alleging coercion will have to provide a written statement describing the incident along with evidence to support their charges. This total paperwork burden is difficult to estimate but is not likely to be very large,” the FMCSA says.
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Some operators will need to adjust their schedules and hire new drivers in order to comply with the new rule.
