FMCSA’s Final Rule protects bus drivers from being forced to violate safety regs
The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations and penalties that may be imposed on entities found to have coerced drivers.
The Federal Motor Carrier Safety Administration (FMCSA) announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers and transportation intermediaries.
“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said U.S. Transportation Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”
Ad Loading...
The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations and penalties that may be imposed on entities found to have coerced drivers.
Related: Are Increased Motorcoach Inspections Missing the Point?
“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,” said FMCSA Acting Administrator Scott Darling. “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.”
In formulating this rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.
Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving; commercial driver’s license (CDL) requirements; drug and alcohol testing; the transportation of hazardous materials; and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.
Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted. The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions. STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.
Ad Loading...
In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to strengthen the coordination and cooperation between the agencies regarding the anti-retaliation provision of the STAA. The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other.
To view a copy of the Federal Register announcement, click here.
Today’s riders—and the communities you serve—expect more from public transit. While ADA compliance is required, leading transit agencies know that true accessibility also means delivering dignity, efficiency, and a better rider experience. This whitepaper reveals why forward thinking agencies nationwide choose the Low Floor Frontrunner as their first choice for ADA compliant vehicles—setting a new standard with passenger first design, faster boarding, improved safety, and unmatched operational performance.
Fred Ferguson, president and CEO of the American Bus Association (ABA), discussed how the industry prepares for emergencies, the growing recognition of motorcoaches as critical infrastructure, and steps operators can take to strengthen disaster readiness.
From advanced driver-assist systems to upgraded passenger amenities, leading manufacturers are refining proven coach platforms to meet evolving operator and rider expectations.
The Tidewater Current is the first east-to-west Virginia Breeze route, expanding access to key destinations including Virginia Beach, Norfolk, Newport News, Williamsburg, Richmond, Charlottesville, Staunton, and Harrisonburg.
As the American Bus Association marks its 100th year, a new ABA Foundation report highlights the Marketplace’s role as a key revenue engine for the bus and group travel industry.
