Broker transparency proposal – it’s time to comment
The Federal Motor Carrier Safety Administration finally delivered on its promise to submit a proposal to ensure broker transparency in the trucking industry. Now, it is time for truckers to let the agency know how it did.
Specifically, the proposal would:
- Require brokers to keep their records in an electronic format
- Require brokers to provide an electronic copy of records within 48 hours after a carrier makes a request
- Require that records contain information about charges and payments connected to the shipment, including a description, amount and dates, as well as any claims connected to the shipment
- Affirm that brokers have a regulatory obligation to provide transaction records
The public has through Jan. 21, 2025, to comment on the notice of proposed rulemaking.
The Owner-Operator Independent Drivers Association helped prompt the proposal by petitioning the agency in 2020.
The Small Business in Transportation Coalition also petitioned FMCSA. Although the agency’s proposal didn’t entirely match the petitions, OOIDA was generally supportive of FMCSA’s attempt to affirm that brokers must comply with transparency regulations. With that said, OOIDA would like the agency to go even further.
“While these are positive changes, FMCSA must strengthen the rulemaking by clarifying that they will actually enforce the rules and closing all loopholes that let brokers waive transparency rights,” OOIDA wrote in a recent email to its members. “FMCSA’s proposal correctly recognizes that transparency is important to help drivers defend themselves, but this does nothing if brokers can continue to ignore the regulations.”
That’s why OOIDA is encouraging truck drivers to submit comments to the agency and let regulators know the problems that can be caused by the lack of transparency.
“If you’ve been victimized by unscrupulous brokers and want to see a level playing field, make your voice heard today,” OOIDA wrote.
The Transportation Intermediaries Association already is making noise about its opposition to the broker transparency proposal.
“TIA has consistently maintained that the broker transparency regulation, rooted in the 1980s, is obsolete and un-American,” the group wrote.
How to comment
Those who would like to comment on the broker transparency proposal can click here or go to Regulations.gov and enter Docket No. FMCSA-2023-0257-0001. Comments must be submitted by Jan. 21, 2025.
So far, more than 600 comments have been submitted to the docket.
FMCSA is also accepting comments through Friday, Nov. 29, on a separate but related notice.
In that notice, FMCSA proposed delaying the compliance date of its broker financial responsibility rule until 2026. OOIDA told the agency that a delay is unacceptable.
Comments on the delay can be made here. LL
Related News
