Can a truck driver refuse a defective trailer? What federal rules say

Section 392.7 names the parts a driver must be satisfied are in good working order before driving: service brakes and trailer brake connections, parking brake, steering, lights and reflectors, tires, horn, wipers, mirrors, coupling devices, wheels and rims, and emergency equipment. Section 396.13 requires the driver to be satisfied the vehicle is in safe operating condition, review the last inspection report when one is required, and sign it to confirm that listed repairs were certified. Brakes have a hard number. Under 49 CFR 393.47, an air-braked vehicle may not run with drum linings thinner than 1/4 inch, measured at the middle of the shoe, on non-steering axles, or with disc pads under 1/8 inch.

The Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, protects a refusal in two cases, according to OSHA, which enforces it. One is when driving would actually break a federal safety rule; OSHA's investigator guide says a reasonable belief that it would is not enough. The other is a reasonable fear of serious injury from the vehicle's condition, and then only if the driver asked the employer to fix the problem and it was not fixed. Independent contractors are covered while they personally drive.

FMCSA's coercion rule, 49 CFR 390.6, bars carriers, shippers, receivers and brokers from threatening a driver's work, or punishing a driver, for refusing to drive when that would break the safety rules, as long as the driver told them, at least in general terms, which rule would be broken. Coercion complaints go to FMCSA in writing within 90 days, through the National Consumer Complaint Database or the division office in the state where the driver works, and FMCSA asks for texts, emails and witness names. Retaliation complaints under STAA go to OSHA within 180 days, orally or in writing and in any language. OSHA can order reinstatement, back pay and punitive damages of up to $250,000.