§ 390.6 Coercion prohibited.
发布04-30
生效04-30
摘要总结AI 辅助解读
本条款禁止美国陆运链条中的承运人、托运人、收货人及运输中介（含其代理人）胁迫商业车辆司机违反联邦安全法规。核心在于切断“为了赶时效或省钱而强迫司机违规”的行为，涵盖疲劳驾驶、危险品操作、车辆维护等关键领域。司机若认为遭受胁迫，可向FMCSA提交书面投诉并附证据。该规定直接改变了货主与物流服务商在调度沟通中的合规边界，强调不得以合同或口头指令施压司机突破法定限制。
- (a) Prohibition. (1) 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;
- (2) 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.
- (b) Complaint process. (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under § 386.12(c) of this subchapter.
- (2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.
- (3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.
[80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016]