The following information must be submitted in writing: Driver’s name, address, and telephone number; Name and address of the motor carrier allegedly harassing the driver; and Statement of the facts to prove each allegation of harassment, including: How the electronic logging device (ELD) or other technology used with the...
The driver’s must file a written complaint with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or with the FMCSA Division Administrator for the State where the driver is employed (http://www.fmcsa.dot.gov/mission/field-offices).
A driver must file a written harassment complaint no later than 90 days after the event.
FMCSA encourages any driver who feels that he or she was the subject of harassment to also consider FMCSA’s coercion rule and the Department of Labor’s whistleblower law (enacted as part of the Surface Transportation Assistance Act (49 U.S.C. 31105)), which provides retaliation protection.
A motor carrier can only be found to have committed harassment if the driver commits a specified underlying hours of service (HOS) violation based on the carrier’s actions and there is a connection to the electronic logging device (ELD). Adverse action against the driver is not required, because the...
No. Real-time tracking of CMVs is not required in the ELD rule. However, a motor carrier may use technology to track its CMVs in real time for business purposes. A motor carrier is free to use this data as long as it does not engage in harassment or violate...
The ELD rule has provisions to prevent the use of ELDs to harass drivers. FMCSA explicitly prohibits a motor carrier from harassing a driver, and provides that a driver may file a written complaint under 49 CFR 386.12(b) if the driver was subject to harassment. Technical provisions that address...
FMCSA defines harassment as an action by a motor carrier toward one of its drivers that the motor carrier knew, or should have known, would result in the driver violating hours of service (HOS) rules in 49 CFR 395 or 49 CFR 392.3. These rules prohibit carriers from requiring...
