A recently proposed regulation aimed at prohibiting driver coercion could have a significant impact on the way shippers and transportation brokers hire trucking companies to move freight across the U.S. This proposed rule seeks to prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles in violation of certain Federal Motor Carrier Safety Regulations (FMCSR), including drivers’ hours-of-service limits and drug and alcohol testing rules.

In practice, simply requiring a trucking company to deliver a load within a narrow time window can amount to coercion if the trucking company accepts the job knowing that it will require the violation of federal regulations. It is also possible that contractual language instituting penalties for late delivery could be construed as coercion. The proposed penalties for violation of this rule would be up to $11,000 per incident with a possible revocation of operating authority.

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