Ask X3What does 49 CFR 386.12 (Complaints) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Short answer
49 CFR 386.12 requires that any person alleging a substantial violation of a regulation issued under the Motor Carrier Safety Act of 1984 must file a written complaint with FMCSA within 90 days after the event. The complaint must include specific information, such as the substance of the alleged violation and the name and address of the person allegedly responsible.
The rule says
"A driver alleging a violation of 390.6(a)(1) or (2) of this subchapter must file a written complaint with FMCSA stating the substance of the alleged coercion no later than 90 days after the event." (49 CFR 386.12(c)(1))
"Each complaint must be signed by the driver and must contain: (i) The driver's name, address, and telephone number; (ii) The name and address of the person allegedly coercing the driver; (iii) The provisions of the regulations that the driver alleges he or she was coerced to violate; and (iv) A concise but complete statement of the facts relied upon to substantiate each allegation of coercion, including the date of each alleged violation." (49 CFR 386.12(c)(1))
In plain English
When a driver or any person believes that a motor carrier or another person has substantially violated a regulation, they must file a written complaint with FMCSA within 90 days. The complaint must include specific details, such as the driver's name and contact information, the name and address of the person allegedly responsible, and a description of the alleged violation. This process allows FMCSA to investigate and take action against motor carriers or individuals that are not complying with safety regulations.
What to do
- File a written complaint with FMCSA within 90 days of the alleged violation
- Include required information, such as the driver's name and contact information, the name and address of the person allegedly responsible, and a description of the alleged violation
- Submit the complaint to the National Consumer Complaint Database or the FMCSA Division Administrator for the state where the driver is employed
- Ensure the complaint is signed by the driver and includes all required details to facilitate a thorough investigation by FMCSA