Heller: The high cost of driver coercion

New oversight ensures that safety takes priority over the bottom line.

Key takeaways

  • The Coercion Rule’s purpose: It prohibits carriers, shippers, and brokers from forcing drivers to violate safety regulations (HOS, maintenance, etc.) under threat of financial or professional penalty.
  • A unified front: The industry is seeing a “stroll down memory lane” with a renewed, aggressive focus on ELD compliance and fraudulent use.
  • Enforcement surge: In 2026, the CVSA International Roadcheck focused heavily on ELDs, leading to a significant increase in device revocations.
  • Driver empowerment: The 1-888-DOT-SAFT hotline and the National Consumer Complaint Database are essential tools for drivers to report unsafe directives.

Is it just me, or does it seem that our industry is taking a stroll down memory lane? Trucking—and all who encompass it—have taken an aggressive approach to rules and regulations that, while we all thought had been put to bed, have risen back to the forefront in a much-needed step that likely should have been taken years ago.

Ten years ago, our industry was presented with a rulemaking addressing coercion, and at the time, everyone knew it was a precursor to a rulemaking we all referred to as electronic on-board recorders, which became electronic logging devices, or ELDs.

Interestingly, I don’t think many of us realized the importance of such a regulation as a hand-in-glove measure coinciding with an ELD rule. In fact, with the recent enforcement actions taken by the agency, we, along with the Federal Motor Carrier Safety Administration (FMCSA), now recognize just how important it has become. At its core, this rule is not just a regulatory tool; the principle states that no one should be forced to choose between their livelihood and the safety of the traveling public. The agency, under the tutelage of Derek Barrs, is acknowledging exactly that.

Our world today is one where a simple YouTube search can lead to videos demonstrating the ever-increasing fraudulent use of ELDs, something that we probably did not anticipate would happen the way it did. That being said, the “straight to video” phrase certainly seems to relate perfectly to fraudulent ELD use.

The commercial trucking industry operates under immense pressure, tight delivery windows, fluctuating demand, and intricate logistics networks. Shippers, brokers, and carriers all face incentives to move freight as quickly as possible. But when those pressures trickle down to the individual driver, the consequences can be dangerous, especially when an unscrupulous carrier gets involved.

The Coercion Rule addresses this imbalance by prohibiting chameleon carriers, corrupt brokers, and unprincipled shippers from forcing or pressuring drivers to violate key safety regulations, whether that involves hours-of-service limits, vehicle maintenance standards, or hazardous weather restrictions. It recognizes a simple reality: Drivers can only comply with safety rules if they are empowered to refuse unsafe directives without risking job loss or financial penalty.

While the rule itself is strong, its effectiveness depends on enforcement, and the agency is actively pursuing that angle. Drivers must know their rights and feel confident that complaints will be taken seriously. Industry stakeholders, from executives to dispatchers, must understand where the line is drawn and ensure that operational practices respect both the letter and spirit of the law.

Training and education remain critical. Companies should proactively incorporate awareness of coercion into their compliance programs, not merely to avoid penalties but to foster trust with their drivers. A workforce that feels supported is more likely to operate safely and perform reliably.

The agency’s new premise that safety cannot be achieved solely through regulation has resulted in increased enforcement activity. The 1-888-DOT-SAFT hotline for drivers to file complaints about entities that may be violating the Federal Motor Carrier Safety Regulations has been widely publicized, and the shared responsibility for removing those who perpetrate unsafe practices can be accomplished much more quickly these days than we ever imagined.

The agency’s effects on our industry have been dramatic. The 2026 CVSA International Roadcheck in May, for example, focused heavily on ELD compliance. The number of ELDs revoked has increased significantly since the beginning of 2026, with 36 devices this year alone and 70 in 2025 failing to meet the technical specs laid out when the rule was originally implemented. 

Our nation’s highways are benefiting from the shared commitment of the agency and industry. While the long-standing problems of chameleon carriers highlighted on “60 Minutes” shed light on a segment of our industry we aim to eliminate, this process cannot be done by the agency alone. The Coercion Rule and its corresponding hotline to the National Consumer Complaint Database exemplify the unified front our industry is putting forward.

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About the Author

David Heller

David Heller is the senior vice president of safety and government affairs for the Truckload Carriers Association. Heller has worked for TCA since 2005, initially as director of safety, and most recently as the VP of government affairs. Before that, he spent seven years as manager of safety programs for American Trucking Associations.

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