Heavy Duty Trucking

SEP 2014

The Fleet Business Authority

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said the agency needs to clarify who is responsible when a carrier engages an independent owner-operator who in turn engages other drivers. "The FMCSA should consider revising the rules to better clarify to whom they apply," said the coalition, which represents a dozen large carriers including Schnei- der National and C.R. England. "If it does not, there's a chance motor carriers could be unfairly stripped of their operating authority if an owner- operator, over whom they have no control, coerces its driver(s) to violate certain regulations," the coalition said. The Owner-Operator Independent Drivers Associa- tion applauded the agency for the proposal but said it does not go far enough. "This is the first time this agency has attempted to address the causes of violations of the motor carrier safety rules, rather than merely interdicting violations after they have occurred," OOIDA said in its comments. "This is a completely untapped area for substantial improvement in motor carrier safety." The group said the agency needs to make coercion enforcement a routine part of its work by teaching inspectors and auditors how to spot bad practices, and WASHINGTONreport 20 HDT • SEPTEMBER 2014 www.truckinginfo.com Circle 163 on Reader Action Card PC 108191 Learn more at JJKellerELogs.com Or call 855-693-5338 with E-Logs It's Go Time! More fl eets are moving to the J. J. Keller ™ Encompass ® E-Log and fl eet management system. • The only system with a bring-your-own-device (BYOD) option and a bundled option via the J. J. Keller ™ Compliance Tablet. • The only BYOD service that supports E-Logs & E-DVIRs on the iPad ® , iPhone ® , and 80+ Android ™ devices. Benefi t from the simplicity of using the mobile devices your drivers already own. Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. J. J. Keller Mobile® app can be downloaded on drivers' mobile devices. Works with all vehicle classes! Use your smart device or the J. J. Keller ™ Compliance Tablet. The Most Versatile E-Log & Compliance System One of Heavy Duty Trucking Magazine's '14 Top 20. TM it could affect carriers' relationships with their customers. The agency's proposed procedure for reporting coer- cion — the driver would have 60 days to file a written report following a complaint — is too loose, according to ATA. ATA recommended that the complaint be filed at the time of the incident, in order to preserve the evidence and prevent "he said/she said" situations. ATA agrees that drivers should "bear a substantial burden of proof " in filing a complaint and suggested that the agency include a convincing evidentiary stan- dard for claims. The agency also should clarify what it means by coercion, so that legitimate business decisions are not included, ATA said. For instance, a driver may see coer- cion if he loses a load many days after he filed a com- plaint, but the company may have a legitimate reason for dropping that load. "A clear and convincing standard of proof would help protect against interference with legitimate commercial business judgment without eroding the protection of- fered by the prohibition on coercion," ATA said. Another trucking group, the Motor Carrier Coalition,

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