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 A—General Applicability and Definitions

49 C.F.R. § 390.6

Coercion prohibited

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(a) Prohibition. (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or §§ 385.415 or 385.421;

(2) A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.

(b) Complaint process. (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under § 386.12(c) of this subchapter.

(2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.

(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.

[80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016]
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2018–2022 · leading case: Overton v. Uber Techs., Inc., 333 F. Supp. 3d 927 (N.D. Cal. 2018).
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Overton v. Uber Techs., Inc., 333 F. Supp. 3d 927 (N.D. Cal. 2018). · cites it 3× “The claim that Uber coerces them to violate safety regulations in violation of 49 C.F.R. § 390.6 fails for this reason. See 49 C.”
Dean McMaster v. Dte Energy Co. (Mich. 2022). “12(c); 49 CFR 390.6. But the MCSA, which regulates “all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce,” 49 CFR 390.”
Dean McMaster v. Dte Energy Co. (Mich. 2022). “12(c); 49 CFR 390.6. But the MCSA, which regulates “all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce,” 49 CFR 390.”
Dean McMaster v. Dte Energy Co. (Mich. 2022). “12(c); 49 CFR 390.6. But the MCSA, which regulates “all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce,” 49 CFR 390.”
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