C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL › Subpart B—General Requirements and Information

49 C.F.R. § 390.36

Harassment of drivers prohibited

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(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]
Notes of Decisions
Cited in 2 cases, 2016–2016 · leading case: Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 840 F.3d 879 (7th Cir. 2016).
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Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 840 F.3d 879 (7th Cir. 2016). “” 49 C.F.R. § 390.36 (a). In other words, ELD-related harassment can take two forms: when a motor carrier uses an ELD to encourage a driver to drive (1) when.”
Owner-Operator Indep. Dri v. TRAN (7th Cir. 2016). “” 49 C.F.R. § 390.36 (a). In other words, ELD‐related har‐ assment can take two forms: when a motor carrier uses an ELD to encourage a driver to drive (1) when the driver’s abil‐ ity is somehow impaired; or (2) in violation of the hours of service rules.”
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