§ 390.36 Harassment of drivers prohibited.
发布04-30
生效04-30
摘要总结AI 辅助解读
本条款禁止美国汽车承运人（Motor Carrier）利用电子行车记录仪（ELD）或其他不可分离的技术数据骚扰司机。若承运人明知或应知其行为会导致司机违反疲劳驾驶规定（§392.3）或工时记录规定（Part 395），即构成骚扰。该规定旨在保护司机免受因技术监控导致的违规压力，同时允许承运人在不造成骚扰的前提下使用技术监控生产力。司机可通过书面投诉程序维权。
- (a) Harass or harassment defined. As used in this section, harass or harassment means an action by a motor carrier toward a driver employed by the motor carrier (including an independent contractor while in the course of operating a commercial motor vehicle on behalf of the motor carrier) involving the use of information available to the motor carrier through an ELD, as defined in § 395.2 of this chapter, or through other technology used in combination with and not separable from the ELD, that the motor carrier knew, or should have known, would result in the driver violating § 392.3 or part 395 of this subchapter.
- (b) Prohibition against harassment. (1) No motor carrier may harass a driver.
- (2) Nothing in paragraph (b)(1) of this section shall be construed to prevent a motor carrier from using technology allowed under this subchapter to monitor productivity of a driver provided that such monitoring does not result in harassment.
- (c) Complaint process. A driver who believes he or she was the subject of harassment by a motor carrier may file a written complaint under § 386.12(b) of this subchapter.
[80 FR 78383, Dec. 16, 2015]