WASHINGTON — Owner-operators, trucking companies, and truck safety groups are alerting the Federal Motor Carrier Safety Administration of the potential for driver coercion during testing of potential new sleeper-berth rules.
FMCSA announced in September a “flexible sleeper berth” pilot program to allow additional flexibility in how truckers split up their required rest period time in their sleeper berth.
The pilot will test sleeper berth split options beyond the current 8-hour/2-hour and 7-hour/3-hour rest-time configurations by allowing drivers to further divide their 10-hour off-duty requirement into 6/4- and 5/5- split periods.
The Owner-Operator Independent Drivers Association and the Truckload Carriers Association are both pushing for strict measures to prevent motor carriers, shippers, and receivers from forcing drivers participating in the pilot to use the provision inappropriately.
“FMCSA should clearly emphasize that discretion of split sleeper flexibility belongs to the driver and any attempts made by shippers, receivers, or carriers to coerce drivers into using the provision in an inappropriate manner will be considered unlawful,” said OOIDA President Todd Spencer in comments filed on the proposal.
“We encourage FMCSA to include a specific method within the phone apps where participating drivers can anonymously report if carriers, shippers, or receivers are abusing the provision.
TCA suggested that FMCSA maintain strict confidentiality of driver participation to minimize opportunities for coercion.
“Unfortunately, this issue is not new to the trucking industry and continues to create challenges for drivers,” wrote TCA President Jim Ward in comments to FMCSA. “We recommend that enrollment in the program remain confidential between the driver, the employing carrier, and FMCSA, with shippers, receivers, and brokers having no access to participation information to minimize opportunities for coercion.”
Ward recommended that FMCSA closely monitor its National Consumer Complaint Database to detect signs of coercion or “undue pressure on drivers” taking part in the pilot.
“It’s also important for the FMCSA to share guidelines on coercion to avoid confusion,” he stated. “Furthermore, participating carriers should take the initiative to inform their drivers of their rights and guide them through the steps to report any improper pressure they encounter.”
The Truck Safety Coalition asserted that FMCSA should create specifically for the project a way for drivers to report coercion or abuse of split-sleeper berth flexibility by their employers.
“Each driver needs the ability to report to FMCSA staff anytime this occurs,” the group stated in its comments. “Pilot program drivers must receive orientation by FMCSA staff on how to report such allegations, that they are encouraged to report, and that action will be taken in response. FMCSA must include random driver interviews, permit anonymous reporting, and utilize telematics-based coercion flags to ensure vigilance in identifying potential coercion.”
Advocates for Highway and Auto Safety, another truck safety group, is skeptical of FMCSA’s ability to monitor the pilot for evidence of driver coercion.
“The agency has been unable to address this pervasive issue throughout segments of the [trucking] industry for years despite repeated requests by driver groups and others to do so,” the group commented.
“In addition, this monitoring would cease if permanent changes to the sleeper berth requirements were implemented.”
