Broker transparency listening session registration now open

October 19, 2020

Tyson Fisher

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Registration for the Federal Motor Carrier Safety Administration’s broker freight listening session is now open.

On Oct. 9, FMCSA announced a listening session scheduled at 1-2:30 p.m. on Wednesday, Oct. 28. Registration is required in advance and now open. To attend the virtual event, click here.

The administration wants to hear from the public their views on the regulation of property carrier brokers in general, according to the notice. This includes three pending petitions regarding specific broker regulation issues. However, the listening session will not discuss issues about broker or freight forwarder minimum financial responsibilities.

For those unable to attend, questions can be submitted to the broker listening session panel by emailing FMCSA-PIO@dot.gov.

The public can also submit written comments to the docket at least seven business days in advance of the session. Those comments can be sent by going to Regulations.gov, entering the docket number FMCSA-2020-0190 in the “Keyword” block and clicking “Search.” From there, click on the “Comment Now!” button. FMCSA recommends that you include your name, email address, or a phone number in the body of your document.

The Owner-Operator Independent Drivers Association is encouraging drivers to participate in the broker listening session.

“OOIDA will be participating in the listening session on Oct. 28, and we look forward to further explaining why improving broker transparency is necessary,” said Jay Grimes, OOIDA’s director of federal affairs. “We encourage OOIDA members who have been frustrated by the lack of compliance and enforcement of broker regulations to share their experiences with FMCSA and register for the listening session as soon as possible.”

FMCSA’s broker listening session comes after OOIDA filed a petition for rulemaking to amend certain requirements for brokers. Specifically, OOIDA wants FMCSA to require brokers to provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed. The petition also wants FMCSA to explicitly prohibit brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records.

OOIDA is also encouraging truckers to submit official comments regarding that petition. Comments can be sent by going to Regulations.gov, entering the docket number FMCSA-2020-0150 in the “Keyword” block and clicking “Search.” From there, click on the “Comment Now!” button. FMCSA recommends that you include your name, email address, or phone number in the body of your document. The deadline has been extended to Nov. 18. As of Oct. 19, more than 1,100 comments had been submitted. LL