Under 49 CFR 390.6, a freight broker, shipper, receiver or motor carrier may not coerce a truck driver into breaking hours-of-service or other federal safety rules. Coercion means threatening to withhold loads or take other action after the driver says the trip would break a rule. The driver can file a written complaint with FMCSA within 90 days.
What does 49 CFR 390.6 prohibit?
The coercion rule says motor carriers, shippers, receivers and transportation intermediaries such as brokers, and their agents and employees, may not coerce a driver to operate in violation of federal safety rules. That covers hours of service, driving rules, vehicle parts and maintenance, drug and alcohol testing, CDL rules and hazardous materials rules.
The rules it covers include 49 CFR parts 390 through 399, which take in hours of service (part 395), driving of commercial vehicles (part 392), parts and accessories (part 393) and inspection and maintenance (part 396). A separate part of the rule bars only motor carriers from coercing drivers to break certain commercial regulations.
What counts as coercion under the FMCSA rule?
Coercion has three parts. A broker, shipper, receiver or carrier threatens to withhold business or work, or to take some other adverse action. The threat is made to get the driver to run under conditions the driver has said would break a rule. And the driver identified that rule, at least in general terms. Actually punishing a driver for refusing also counts.
In plain terms: a broker asking you to make an appointment is not coercion. A broker threatening to cut you off, fine you or hurt your business after you've said "I can't make that legally" may be.
What does broker coercion look like on a real load?
A common pattern: the shipper loads you three hours late, and the delivery appointment can't be made without running past your 11-hour driving limit or 14-hour window. You tell the broker in writing you'll be out of hours and need to reset. The broker answers that you'll be fined, lose future loads, or get a bad report unless you deliver on time.
The pieces that matter are your clear objection, the specific rule, and the threat that came after.
How do I file a coercion complaint with FMCSA?
The driver files it, in writing and signed, within 90 days of the event. File through FMCSA's Complaint Center online, or with the FMCSA Division Administrator for the state where the driver is employed. The complaint must include the driver's contact information, the name and address of the party that coerced the driver, the rules involved, and the facts with dates.
What the complaint needs, under 49 CFR 386.12(c):
- The driver's name, address and phone number
- The name and address of the person or company accused of coercion
- The regulations the driver was pressured to break
- A short but complete statement of the facts, including the date of each event
You can attach evidence. For help, FMCSA's complaint line is 1-888-DOT-SAFT (1-888-368-7238). Online: complaint.fmcsa.dot.gov.
The 90-day limit is firm. Write it on your calendar the day it happens.
What evidence makes a coercion complaint stronger?
Proof in writing makes the difference. The strongest complaints show the driver's objection naming the rule, followed by the threat. Save texts, emails, load board or app messages, and call logs with times. Pull your ELD records for the trip, the rate confirmation, and any check-in and check-out times from the shipper. Write a timeline the same day while you remember it.
Put your objection in writing even if the conversation started by phone. A text that says "I'm out of hours at 6:40 p.m. under the hours-of-service rules and need my 10-hour break" is the kind of record that holds up.
What happens after a coercion complaint is filed?
FMCSA's Division Administrator reviews the complaint. If it isn't frivolous, FMCSA investigates and tells the driver what it found. If it is dismissed, the driver gets the reasons in writing. FMCSA also tells drivers that the federal whistleblower law, 49 U.S.C. 31105, applies, and that retaliation for raising a safety concern can lead to enforcement by OSHA.
A party found to have coerced a driver can face civil penalties. FMCSA's current maximum for this type of violation is $19,246 per violation.
Can a broker charge a late fee when I stopped for hours of service?
Late fees, fines and chargebacks are contract matters, and your rate confirmation and broker-carrier agreement control them. But a threat to fine you or cut you off because you refused to break a safety rule can be coercion under the federal rule, separate from what the contract says. Keep both the contract and the messages.
If a broker withheld payment after a dispute like this, you can file a free complaint and we'll review the facts and contact the broker for its side. For more on getting paid after a dispute, see when a carrier can collect from the shipper and what 49 CFR 371.3 lets you see. If a negative report followed, see our guide to disputed FreightGuard reports. For hours-of-service compliance and ELD help, Logistical Forwarding Solutions works with small carriers. If you need a lawyer, the National Transportation Attorney Network lists transportation attorneys by state.