§ 386.12 Complaints.

Link(a) toComplaint anof amendmentsubstantial publishedviolation. at(1) 70Any FRperson 28481,alleging Maythat 18, 2005.
(a) Filingsubstantial violation of any regulation issued under the Motor Carrier Safety Act of 1984 is occurring or has occurred must file a written complaint. Exceptwith asFMCSA otherwisestating providedthe insubstance paragraphof (c)the ofalleged thissubstantial section,violation anyno person,later Statethan board90 days after the event. The written complaint, organizationincluding the information below, must be filed with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or bodyany politicFMCSA mayDivision fileAdministrator. aThe writtenAgency will refer the complaint withto the AssistantDivision Administrator, requestingwho the issuanceAgency ofbelieves ais noticebest ofable investigationto underhandle §the 386complaint.11 Information on filing a written complaint may be obtained by calling 1-888-DOT-SAFT (c1-888-368-7238). A substantial violation is one which could reasonably lead to, or has resulted in, serious personal injury or death. Each complaint must be signed by the complainant and must contain:
(1i) The name, address, and addresstelephone number of the partyperson who files it;
(ii) The name and address of the alleged violator and, with respect to each alleged violator, the specific provisions of the regulations that the complainant believes were violated; and
(iii) aA concise but complete statement specifyingof the authorityfacts forrelied upon to substantiate each allegation, including the date of each alleged violation.
(2) Upon the filing of a partycomplaint of a substantial violation under paragraph (othera)(1) thanof this section, the Division Administrator shall determine whether the complaint is non-frivolous and meets the requirements of paragraph (a)(1) naturalof personthis section. If the Division Administrator determines the complaint is non-frivolous and meets the requirements of paragraph (a)(1), the Division Administrator shall investigate the complaint. The complainant shall be timely notified of findings resulting from the investigation. The Division Administrator shall not be required to fileconduct separate investigations of duplicative complaints. If the Division Administrator determines the complaint; is frivolous or does not meet the requirements of paragraph (a)(1), the Division Administrator shall dismiss the complaint and notify the complainant in writing of the reasons for the dismissal.
(23) ANotwithstanding statementthe provisions of 5 U.S.C. 552, the interestDivision Administrator shall not disclose the identity of complainants unless it is determined that such disclosure is necessary to prosecute a violation. If disclosure becomes necessary, the partyDivision inAdministrator shall take every practical means within the proceedings;Division Administrator's authority to ensure that the complainant is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of such disclosure.
(3b) TheComplaint nameof andharassment. address(1) A driver alleging a violation of each§ 390.36(b)(1) of this subchapter (harassment) must file a written complaint with FMCSA stating the substance of the alleged harassment by a motor carrier againstno later than 90 days after the event. The written complaint, including the information described below, must be filed with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or the FMCSA Division Administrator for the State where the driver is employed. The Agency may refer a complaint to another Division Administrator who reliefthe Agency believes is sought;best able to handle the complaint. Information on filing a written complaint may be obtained by calling 1-888-DOT-SAFT (1-888-368-7238). Each complaint must be signed by the driver and must contain:
(4i) The reasonsdriver's whyname, theaddress, partyand believestelephone thatnumber;
(ii) aThe noticename and address of investigationthe shouldmotor becarrier issuedallegedly harassing the driver; and
(5iii) A concise but complete statement of anythe priorfacts actionrelied whichupon theto partysubstantiate haseach takenallegation toof redressharassment, including:
(A) How the violationsELD ofor lawother allegedtechnology used in thecombination complaintwith and not separable from the resultsELD was used to contribute to harassment;
(B) The date of thatthe alleged action; and
(6C) TheHow reliefthe whichmotor thecarrier's partyaction believesviolated theeither Administration§ should392.3 seekor part 395.
(b)Each Actioncomplaint onmay paragraphinclude (a)any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.
(2) Upon the filing of a complaint of a violation under paragraph (ab)(1) of this section, the Assistantappropriate Division Administrator shall determine whether itthe statescomplaint reasonableis groundsnon-frivolous forand investigationmeets andthe actionrequirements byof theparagraph Administration(b)(1) of this section.
(i) If he/shethe determinesDivision thatAdministrator determines the complaint statesis suchnon-frivolous groundsand meets the requirements of paragraph (b)(1) of this section, the AssistantDivision Administrator shall issue,investigate the complaint. The complaining driver shall be timely notified of findings resulting from the investigation. The Division Administrator shall not be required to conduct separate investigations of duplicative complaints.
(ii) If the Division Administrator determines the complaint is frivolous or authorizedoes not meet the issuancerequirements of paragraph (b)(1) of this section, athe noticeDivision Administrator shall dismiss the complaint and notify the complainant in writing of investigationthe underreasons §for 386the dismissal.11
(c3) Because prosecution of harassment in violation of § 390.36(b)(1) Ifof he/shethis determinessubchapter will require disclosure of the driver's identity, the Agency shall take every practical means within its authority to ensure that the complaintdriver doesis not statesubject reasonableto groundscoercion, forharassment, investigationintimidation, anddisciplinary action, bydiscrimination, or financial loss as a result of the Administration,disclosure. This will include notification that 49 U.S.C. 31105 includes broad employee protections and that retaliation for filing a harassment complaint may subject the Assistantmotor Administratorcarrier shallto dismissenforcement itaction by the Occupational Safety and Health Administration.
(c) Complaint of substantialcoercion. (1) A driver alleging a violation of § 390.6(a)(1) Anyor person(2) mayof this subchapter must file a written complaint with FMCSA stating the Assistantsubstance Administratorof allegingthe thatalleged acoercion substantialno violationlater ofthan any90 regulationdays issuedafter underthe event. The written complaint, including the Motorinformation Carrierdescribed Safetybelow, Actmust ofbe 1984filed iswith occurringthe National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or hasthe occurredFMCSA withinDivision Administrator for the precedingState 60where daysthe driver is employed. AThe substantialAgency violationmay isrefer onea whichcomplaint couldto reasonablyanother leadDivision Administrator who the Agency believes is best able to, orhandle hasthe resultedcomplaint. in,Information seriouson personalfiling injurya orwritten deathcomplaint may be obtained by calling 1-888-DOT-SAFT (1-888-368-7238). Each complaint must be signed by the complainantdriver and must contain:
(1i) The driver's name, address, and telephone number of the person who files it;
(2ii) The name and address of the allegedperson violatorallegedly and,coercing with respect to each alleged violator, the specificdriver;
(iii) The provisions of the regulations that the complainantdriver believesalleges werehe violatedor she was coerced to violate; and
(3iv) A concise but complete statement of the facts relied upon to substantiate each allegation of coercion, including the date of each alleged violation.
(d2) Action on complaint of substantial violationcoercion. Upon the filing of a complaint of acoercion substantial violation under paragraph (c)(1) of this section, the Assistantappropriate Division Administrator shall determine whether itthe complaint is nonfrivolousnon-frivolous and meets the requirements of paragraph (c) of this section(1).
(i) If the AssistantDivision Administrator determines that the complaint is nonfrivolousnon-frivolous and meets the requirements of paragraph (c)(1) of this section, he/shethe Division Administrator shall investigate the complaint. The complainantcomplaining driver shall be timely notified of findings resulting from such investigation. The AssistantDivision Administrator shall not be required to conduct separate investigations of duplicative complaints.
(ii) If the AssistantDivision Administrator determines that the complaint is frivalousfrivolous or does not meet the requirements of paragraph (c)(1) of this section, he/shethe Division Administrator shall dismiss the complaint and notify the complainantdriver in writing of the reasons for suchthe dismissal.
(e3) NotwithstandingProtection the provisions of sectioncomplainants. 552Because prosecution of titlecoercion 5,in Unitedviolation Statesof Code,§ the390.6 Assistant Administrator shall not disclose the identity of complainantsthis unlesssubchapter itwill isrequire determined that such disclosure isof necessarythe todriver's prosecute a violation. If disclosure becomes necessaryidentity, the AssistantAgency Administrator shall take every practical means within theits Assistant Administrator's authority to assureensure that the complainantdriver is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of suchthe disclosure.
Effective DateThis Note:
Atwill 70include FRnotification 28481,that May49 18,U.S.C. 2005,31105 §includes 386.12broad wasemployee amendedprotections byand removingthat paragraphsretaliation (a)for andfiling (b),a redesignatingcoercion paragraphscomplaint (c)may throughsubject (e)the asalleged (a)coercer throughto (c)enforcement andaction by revising the newOccupational paragraphSafety (b),and effectiveHealth NovemberAdministration.
[80 14FR 78381, 2005Dec. For16, the convenience of the user2015, theas revisedamended textat is88 setFR forth80182, asNov. follows:17, 2023]