Carriers 101 on Coercion

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When a D.O.T. auditor shows up to investigate about a driver you had or currently employee, and they discover you scheduling requires him to break FMCSA regulations . . . the driver may not be the one on the hot seat.  When the auditor asks for your explanation . . .
  • I thought it was ok . . .
  • We’ve always done it this way. . .
  • No one ever told me . . .
  • I fired him because he wouldn’t do his scheduled route in time . . .

and other variations on a carrier’s  “its-not-my-fault” explanations will not fly now that  ‘driver coercion” was added by the D.O.T. in its effort to go beyond roadside inspections and gain more FMCSA compliance from Carriers. (Read More:   DOT roadside Inspections enforcement status  and 10 Hours of Duty Rule)

FMCSA backs drivers with coercion rule  : FleetOwner.com Kevin Jones

A new rule to protect drivers from being compelled to violate federal safety regulations is set to publish today in the Federal Register. Known as the “driver coercion” rule, it provides FMCSA with the authority to go after not only carriers, but also shippers, receivers, and transportation intermediaries. ( read more )

Vocabulary:

What is Coercion?

Such actions are used as leverage, to force or leverage the victim to act in a way contrary to their own interests.

Example:

A driver is given a route  which he points out  is impossible to complete without going over the 11 hrs driving and or 14 hrs on-duty DOT rule.  If the driver reluctantly accepts the task because they fear the loss of their position or their job it could be considered coercion.  Accidents and road side inspections with a citation will go hard on the carrier, especially if the driver challenges their citation because of coercion.

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Who Is Exempt From FMCSA ELD Rule

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For many of the carriers I know, you will be exempt from the ELD ruling if your Drivers use paper DOT RODS for not more that 8 days during each 30 day period.  This exemption was made clear on August 31st 2016.

FMCSA ELD Compliance Timeline

FMCSA ELD Compliance Timeline

Here’s a video on the goals of ELD’s

 

 

VOCABULARY: More

UCR Registration : Here’s the Scoop

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Q: What is UCR?
UCR is the Unified Carrier Registration program. Created by federal legislation to authorize, through registration, all Commercial Motor Vehicles carrying their own goods and products across state lines. It also includes carriers transporting interstate goods even if your vehicles do not leave the state; except in non-participating state noted in Yellow in the map below.

Q: What is a “Commercial Motor Vehicle”? in  the UCR system?
Any self-propelled or towed (like a trailer) vehicle used on highways engaged in
interstate travel that:
has a gross weight of 10,001 pounds or more or,
– is designed to transport 11 or more passengers (including the driver) or,
– is required to have hazardous waste placarding

UCRregistration

 

Example:   A Green state roadside inspection of your non UCR registered truck cites and reasonably penalizes your company, regardless of your truck is from a Yellow non-participating state . What is the fine or penalty?  Whatever they decide is ‘reasonable’ . . . do you like playing with fire?

A Green state roadside inspection of your non UCR registered truck cites and reasonably penalizes your company, regardless of your truck coming from Yellow non-participating state .  Will they impound your truck till it’s paid? Answer:  Whatever they decide is ‘reasonable’ . . . do you like playing with fire?

If your answer is ‘YES’ in any of the rows below, you need to register your interstate truck(s). 

Your Business State

States Your Trucks Drive in 

Does This Describe You?

Green

Yellow & Green   or

Green only

YES

Yellow

Yellow only

NO

Yellow

Yellow & Green

YES

Start UCR Registration

View UCR Information

Register for a user account

UCR Procedures

UCR-1 Instructions

UCR-2 Instructions

UCR-1 Form

UCR-2 Form

UCR Brochure

UCR FAQ

Registration Instructions-2010

Registration Instructions-2011

Registration Instructions-2012

UCR Registration Form – 2010

UCR Registration Form – 2011

UCR Registration Form – 2012

UCR State Percentages – 2010

UCR State Percentages – 2011

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CSA 2010 – Frequently Asked Questions – J. J. Keller & Associates, Inc.

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Here is a tid bit of info on 2010CSA which will effect any driver and carrier (company) with DOT numbers.  Read and act accordingly NOW.

Q: Is there a minimum size of company that will be included in the CSA 2010 program?
A: Any interstate carrier that has a US DOT number, no matter what size, will be included in the program. 

Applicability
Q: Which carriers are affected by CSA 2010?
A: Any interstate carrier that has a US DOT number is covered by the CSA 2010 program, no matter what “type” of carrier they are (for-hire, private, flatbed, van, utility, construction, etc.), what size carrier they are, or what type of vehicles they operate (CDL required versus non-CDL required vehicles). 

Q: Are intrastate carriers affected by CSA2010?
A: It depends on if their state requires intrastate carriers to get a DOT number, if they upload intrastate carrier violation and accident data into the Safetynet/MCMIS system, and if they do anything with the output of the system. What the states that require intrastate carriers to have a DOT number will do with CSA 2010 remains to be seen. 

Q: Is there a way I can file for a waiver and not participate in the CSA 2010 program?
A: No. There are no waivers. Any interstate carrier that has a US DOT number will be involved in the CSA 2010 program. 

Q: How does CSA 2010 affect Canadian and Mexican carriers?
A: Any interstate carrier with a US DOT number will be involved in the CSA 2010 program, no matter where they are domiciled. However, only accidents and violations that occur in the US will be counted in the data collection and evaluation system. The same is true of US carriers operating in Canada or Mexico (only violations that occur in the US will be counted in the carrier’s data and evaluation).Click the link below . . . learn more . . . there’s much more you need to know.

via CSA 2010 – Frequently Asked Questions – J. J. Keller & Associates, Inc..