Bill would penalize brokers that hire ‘unsafe’ carriers

A new bill in the House would penalize freight brokers that contract with an “unsafe” motor carrier.

Rep. John Moolenaar, R-Mich., introduced the Patrick and Barbara Kowalski Freight Brokers Safety Act on Thursday, Dec. 18.

HR6884 would hold brokers, who hire trucking companies with a history of serious safety violations, liable for a civil penalty in an amount equal to 10% of the value of the contracted cargo for the entire contract of such broker with the transportation company.

Specifically, brokers could be on the hook when they contract with transportation companies that have been issued three or more Department of Transportation violations or that employ a driver who has been issued three or more DOT violations in the past five years.

Moolenaar named the bill after Patrick and Barbara Kowalski, who were killed in a truck-involved crash in 2022.

“No family should experience the loss the Kowalskis faced,” Moolenaar said in a news release. “It was a preventable tragedy and this legislation ensures all freight industry contractors take safety seriously.”

Shannon Mertz, the daughter of Patrick and Barbara, wrote to the congressman to help spur the legislation.

“Companies, like the one involved in my parents’ accident, must be held accountable,” Mertz said. “My family and I are thankful for Congressman Moolenaar’s responsiveness and efforts to prevent another family from experiencing the heartbreak we have felt.”

In addition to civil penalties, the bill expands the authority of the Federal Motor Carrier Safety Administration to investigate freight brokers and impose operating requirements following fatal crashes.

As of Monday, Dec. 22, HR6884 had no co-sponsors.

The Owner-Operator Independent Drivers Association wants to make sure the bill does not have unintended consequences for small-business truckers.

“OOIDA appreciates the bill’s intention to improve roadway safety and prevent tragedies, but we have serious questions about whether this proposal would actually hold freight brokers accountable or simply penalize carriers instead,” said Collin Long, OOIDA’s director of government affairs. “The bill does not distinguish between serious safety violations and minor infractions, and in practice any surcharge imposed on brokers would likely be passed directly back to carriers. We believe Congress should focus on targeted, transparent solutions that improve safety (and) do not create unintended consequences for small-business truckers.”

The question over whether brokers should be held responsible for crashes involving motor carriers they hire has been a hot topic in recent years.

In October, the U.S. Supreme Court agreed to hear C.H. Robinson’s case regarding broker liability. Oral arguments for the case will be scheduled at a later date. LL