Coercion and Harassment in Trucking
What 390.6 and 390.36 Really Mean
We all know dispatch pressure is real. Load has to move,
clock is ticking, customer is calling. But there’s a line between dispatching
freight and flat-out breaking the law. That’s where FMCSA rules on coercion
(390.6) and harassment (390.36) come in.
These rules exist because carriers, brokers, and shippers
have been caught pushing drivers to run illegal, unsafe, or just plain
unrealistic trips. And when drivers are put in that spot, it’s not just a
compliance problem. It’s a liability nightmare.
What Counts as Coercion (390.6)
Coercion is when someone pressures a driver to break FMCSA
safety rules. That means:
- Pushing
a driver to run past their Hours of Service
- Encouraging
them to falsify logs (even mentioning a way around them)
- Forcing
someone to move a truck that’s overweight or unsafe
- Threatening
pay cuts or job loss if the driver refuses
If a driver can prove it, the fines are no joke. FMCSA can
hit the carrier, broker, or shipper with civil penalties. And the paper trail
doesn’t lie, especially now that ELDs and text messages are easy evidence.
What Counts as Harassment (390.36)
Harassment is more specific. It’s when an employer uses ELD
data or monitoring tools to pressure a driver into violating Hours of Service.
Example:
- Dispatch
sees the driver has 30 minutes left and tells them to “just get it there”
even though the stop is two hours away.
- Threats
tied to the ELD record or using it to punish a driver who refused an
illegal run.
FMCSA added this rule because ELDs were meant for safety,
not as a stick to beat drivers with.
Why Carriers Should Care
Think fines are the only problem? Not even close.
- Insurance
impact: Coercion claims open the door to negligence arguments in
court. That’s nuclear verdict fuel.
- Driver
turnover: Nobody stays at a company where dispatch is a daily battle.
- Reputation:
Word travels fast in this industry. Bad treatment kills recruiting.
Truck U Take
Safety rules aren’t “guidelines.” If you’re leaning on
drivers to cut corners, you’re setting yourself up for violations, lawsuits,
and higher premiums. The FMCSA put 390.6 and 390.36 in place to stop exactly
that.
Respect the clock. Respect the driver. Or be ready to pay
for it when regulators and courts get involved.
Disclosure:
This post is for educational purposes only. It is not legal advice, insurance
advice, or a substitute for calling your agent. We’re good, but we’re not
psychic. Policies vary, laws change, and courtrooms get weird. Don’t make
decisions based solely on something you read on the internet, unless it’s from
us, in writing, with your name on it.
All opinions are our own and do not represent the views of
any carrier, employer, or underwriting department that occasionally wishes we
were quieter on LinkedIn.
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