FMCSA Rulemaking, Driver Coercion and Respondeat Superior Liability

On May 13, 2014, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a notice of proposed rulemaking (“NPRM”) to adopt regulations prohibiting motor carriers, shippers, receivers and transportation intermediaries from coercing commercial motor vehicle drivers to violate certain safety regulations, including those involving hours of service, hazardous materials, commercial driver’s license requirements and drug and alcohol testing rules.

Attorney John Wilcox recently published an article, “FMCSA Rulemaking, Driver Coercion and Respondeat Superior Liability” in The Transportation Lawyer. The article discusses how the FMCSA seeks to broaden its enforcement focus beyond transportation providers to include users of transportation services.



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