Driver Coercion Regulation

RamblingPete

Well-Known Member
#1
Has anyone seen this ? If so does it mean what I think it does ?
Found this last night while dozing off so have to dig into it more . But it seems to be a law that in it's simplistic form says , " If a shipper, receiver or other body holds you up for a period of time that allows you no time to proceed to a legal safe haven then they are bound by federal law to NOT FORCE YOU OFF PROPERTY in violation of federal hours of service laws " .
Like I said I still have to read more into it but it's always been a big question amongst drivers , especially now with the ELD mandate because only the driver had to comply with hours of service,laying no liability on shippers and Receivers . This seems to address that though and force both shipper and receiver to honor Hour of Service laws mandated by federal government, which in turns means no law enforcement or other entity , other than perhaps a federal entity that can authorize a waiver , can force you to move or take inappropriate legal action against you if it forces an Hour of Service violation in violation of Federal Laws . ( People forget that federal law trumps , no pun intended, all state and local law )
Here's the link : Federal Register :: Prohibiting Coercion of Commercial Motor Vehicle Drivers
 

RamblingPete

Well-Known Member
#2
Sitting in Yuma at one such type of shipper , but I gotta give them credit . They realize they don't have their crap together and therefore despite taking hours on end to do a partial load , they do have a big truck parking area that can hold probably close to , maybe more , 75 trucks .
 

Duck

Quack
Supporter
#3
Sitting in Yuma at one such type of shipper , but I gotta give them credit . They realize they don't have their crap together and therefore despite taking hours on end to do a partial load , they do have a big truck parking area that can hold probably close to , maybe more , 75 trucks .
Yeah. Down there all they need is the land. No pavement required, just park in the dirt.
 

Hammer166

Instigateur №166™
Supporter
#4
" If a shipper, receiver or other body holds you up for a period of time that allows you no time to proceed to a legal safe haven then they are bound by federal law to NOT FORCE YOU OFF PROPERTY in violation of federal hours of service laws " .

Here's the link : Federal Register :: Prohibiting Coercion of Commercial Motor Vehicle Drivers

If you read that rulemaking, it's not about asking a driver to leave private property (which any shipper/receiver has the right to do,) but about coercing you to violate FMCSA rules in order to complete delivery as scheduled. Being asked to move off property isn't considered coercion. This issue isn't something the gov't needs to be involved in anyways, it's a private property issue. The gov't doesn't have the right to dictate that a company must provide overnight parking.

So until the trucking companies grow a set and tell these abusive shippers/receivers to pound sand, this will continue to be a problem.
 

RamblingPete

Well-Known Member
#5
I agree , the less government is involved the better . Problem is the industry won't address problems such as this and the effect is both the citizens and workers alike demand a fix and along come uncle Sam , usually in the hands of a progressive, saying hello ... We are here to address your greivences .
Then conservatives and liberals try to explain what a bad idea it is but it's to late ... PROGRESSIVES HAVE THE PR GAME DOWN TIGHT .
 

Hammer166

Instigateur №166™
Supporter
#6
I agree , the less government is involved the better . Problem is the industry won't address problems such as this and the effect is both the citizens and workers alike demand a fix and along come uncle Sam , usually in the hands of a progressive, saying hello ... We are here to address your greivences .
Then conservatives and liberals try to explain what a bad idea it is but it's to late ... PROGRESSIVES HAVE THE PR GAME DOWN TIGHT .
Yep. Logic and reason don't stand a chance when it's so much easier to use emotional arguments.
 

Rigjockey

In Gord we trust!
Supporter
#7
This is just my opinion and it has been long before ELDs. A truck and driver have no right to squat on private property no matter the circumstances.
My solution was to call dispatch and say, hey I am running short on hours and this company is notorious for long unloading times. I need to know that I will be unload ASAP or rebook the appointment time.

Second call dispatch and tell them, hey look I have been here 4 hours. More than enough time to be unloaded. I am running out of hours and I need to pull out of here come hell or high water in an hour. Talk to their people and let me know what you two decide.

I have never been kicked of any property when I was out of hours.
I have had appointments rebooked.
I have had to leave still loaded.
I have dropped trailers to get to a place where I could legally park and come back for the trailer.
I have been allowed to park on the property.
I have had them get me unloaded quick, fast and in a hurry.

I have never run out of hours where I was not welcomed to park.

IMO this argument of running out of hours and not being able to legally drive is a lack of critical thinking.
A failure to communicate.
And just like the Elog argument, Just plain **** poor planning and a lack of personal accountability!
 
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dchawk81

Well-Known Member
#8
I've never been kicked off property either. Just that one attempt.

But it's easier to square that stuff away when you've got a big company behind you. As a little guy you got nothin'.
 

Rigjockey

In Gord we trust!
Supporter
#9
I've never been kicked off property either. Just that one attempt.

But it's easier to square that stuff away when you've got a big company behind you. As a little guy you got nothin'.
Not true. I have the product they need... Eventually. Even if I am from a fleet of 5 trucks, My truck has the product they need.. eventually.

In the case of getting loaded, **** them! Load it or don;t load it, let it sit on your dock or shove it up your ass. Whatever your pleasure.
A fleet of 5 can still do a search of load boards and find a load that actually wants to get moved.
 

dchawk81

Well-Known Member
#10
Not true. I have the product they need... Eventually. Even if I am from a fleet of 5 trucks, My truck has the product they need.. eventually.

In the case of getting loaded, **** them! Load it or don;t load it, let it sit on your dock or shove it up your ass. Whatever your pleasure.
A fleet of 5 can still do a search of load boards and find a load that actually wants to get moved.
In the meantime you're sitting somewhere with their crap on your only trailer, not making your car payment.

Oh wait nevermind mndriver says float that on the credit card. 😂
 

Rigjockey

In Gord we trust!
Supporter
#11
In the meantime you're sitting somewhere with their crap on your only trailer, not making your car payment.
I honestly don't know. It has always been resolved from dispatch or sales, You know people that actually know how to talk to people unlike me.
Now if I walk in there all pissed off and unrefined tawlking like I am. Nothing is going to happen except me not getting unloaded.

Dispatchers and sales people (thieves, cheats and liars) Know how to talk. (and that is all they do)
 
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dchawk81

Well-Known Member
#12
I honestly don't know. It has always been resolved from dispatch or sales, You know people that actually know how to talk to people unlike me.
Now if I walk in there all pissed off and unrefined tawlking like I am. Nothing is going to happen except me not getting unloaded.

Dispatchers and sales people (thieves, cheat and liars) Know how to talk. (and that is all they do)
I did manage to get Aldi to let me drop a trailer once. I got some crazy looks from other drivers.

But that was fallen product. I mentioned it before I think. Went back the next shift to get the empty.

I explained that it saves them money because they can deprioritize it and no one has to pay detention beyond what I already accrued.
 

ironpony

Professional Pot-Stirrer
Supporter
#13
Has anyone seen this ? If so does it mean what I think it does ?
Found this last night while dozing off so have to dig into it more . But it seems to be a law that in it's simplistic form says , " If a shipper, receiver or other body holds you up for a period of time that allows you no time to proceed to a legal safe haven then they are bound by federal law to NOT FORCE YOU OFF PROPERTY in violation of federal hours of service laws " .
Like I said I still have to read more into it but it's always been a big question amongst drivers , especially now with the ELD mandate because only the driver had to comply with hours of service,laying no liability on shippers and Receivers . This seems to address that though and force both shipper and receiver to honor Hour of Service laws mandated by federal government, which in turns means no law enforcement or other entity , other than perhaps a federal entity that can authorize a waiver , can force you to move or take inappropriate legal action against you if it forces an Hour of Service violation in violation of Federal Laws . ( People forget that federal law trumps , no pun intended, all state and local law )
Here's the link : Federal Register :: Prohibiting Coercion of Commercial Motor Vehicle Drivers
Yeah. That's it. Call the US Marshalls an' tell 'em yer bein' coerced.

:thumbsup:
 

Ranger_375

Well-Known Member
#14
In the meantime you're sitting somewhere with their crap on your only trailer, not making your car payment.

Oh wait nevermind mndriver says float that on the credit card. 😂
You're a single guy with 8 different loans out for zero reason that's making you money, and you're going after zipping a card to make money? A credit line is never better than money in the bank, yet a small credit card vs how many years are you indentured to how many men? Harlots and ladies of the night answer to less people than you do right now.
 

ironpony

Professional Pot-Stirrer
Supporter
#15
I'd rather pay bank interest rates on a line of credit, than short term interest rates (usery) to a factor.
 

Rigjockey

In Gord we trust!
Supporter
#16
You're a single guy with 8 different loans out for zero reason that's making you money, and you're going after zipping a card to make money? A credit line is never better than money in the bank, yet a small credit card vs how many years are you indentured to how many men? Harlots and ladies of the night answer to less people than you do right now.
I'd rather pay bank interest rates on a line of credit, than short term interest rates (usery) to a factor.
I think yous twos are on the wrong thread. Don't make me call the Marshals on yous twos.:p
This is the driver coercion thread.
 

Hillbilly Canuck

Well-Known Member
#17
In the meantime you're sitting somewhere with their crap on your only trailer, not making your car payment.

Oh wait nevermind mndriver says float that on the credit card. 😂
By George I think he's got it!

Also should you find yourself in a sitting kind of situation that does not involve HOS beer pizza or any other essential supplies also go on the float.
 

dchawk81

Well-Known Member
#18
You're a single guy with 8 different loans out for zero reason that's making you money, and you're going after zipping a card to make money? A credit line is never better than money in the bank, yet a small credit card vs how many years are you indentured to how many men? Harlots and ladies of the night answer to less people than you do right now.
My company job doesn't require me to take out a loan or float anything just to get started.

Pleasure is different. Having a successful O/O business would let me take out the same loans on a personal basis.

They're not even remotely the same.

We aren't talking about floating expenses the way everyone does. You all are suddenly suggesting floating startup costs on a credit card BEFORE REVENUE EVEN BEGINS.
 

ironpony

Professional Pot-Stirrer
Supporter
#19
The coercion rule is about being forced by carriers or shippers to violate FMCSRs on public roads. When a shipper or receiver asks you to leave private property - that's different, it's not covered by the coercion rule.

It's private property - rules that govern how you are treated by the government do not necessarily apply to individuals (including corporations) on private property. There are exceptions - like employment discrimination for example. This one is different.

Call the Marshalls... maybe they'll listen to you. I kinda doubt it though.
 
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dchawk81

Well-Known Member
#20
The coercion rules is about being forced by carriers or shippers forcing you to violate FMCSRs on public roads. When a shipper or receiver asks you to leave private property - that's different, as is not covered by the coercion rule.

It's private property - rules that govern how you are treated by the government do not necessarily apply to individuals (including corporations) on private property. There are exceptions - like employment discrimination for example. This one is different.

Call the Marshalls... maybe they'll listen to you. I kinda doubt it though.
Which brings me to an elog complaint.

I don't think private property travel aka 5mph+ should be triggered to drive time because you don't need a CDL to drive on private property in the first place (think of all those yard dogs and mechanics without CDLs moving trucks around). HoS shouldn't apply.

But that's just my opinion.
 

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