What does 49 CFR 390.6 (Coercion prohibited) require?

Short answer

49 CFR 390.6 prohibits coercion of a driver to operate a commercial motor vehicle in violation of certain regulations. It requires that no motor carrier, shipper, receiver, or transportation intermediary may coerce a driver to violate these regulations.

The rule says

"A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or 385.415 or 385.421" (49 CFR 390.6(a)(1))

"A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379." (49 CFR 390.6(a)(2))

In plain English

This rule is about protecting drivers from being forced to break safety rules. If a driver is told to do something that violates regulations, such as driving too many hours or carrying unsafe cargo, they can file a complaint. The rule applies to anyone involved in the transportation process, including motor carriers, shippers, and receivers. It's meant to ensure that drivers are not pressured into putting themselves or others at risk.

What to do

• Ensure that your company has a clear policy against coercing drivers to violate regulations.
• Train employees on the rules and consequences of coercion.
• Establish a process for drivers to report coercion without fear of retaliation.
• Review and comply with all applicable regulations, including those listed in 49 CFR 390.6.