National Consumer Complaint Database update to include broker category

Addressing comments about the National Consumer Complaint Database, the Federal Motor Carrier Safety Administration said it plans updates to make it easier for complaints to be filed against brokers. In addition, the agency said it has no plans to change the name of the database, which is an outlet for drivers to report harassment, coercion and other violations of commercial regulations.

The Federal Motor Carrier Safety Administration will publish a notice and request for comments regarding the National Consumer Complaint Database on Wednesday, Feb. 23. In the notice, the agency responded to previous comments about the database.

In September, FMCSA published a notice regarding information collection activities for the database. The notice received comments from two individuals, as well as from the Owner-Operator Independent Drivers Association and the Transportation Intermediaries Association.

Category for brokers

One of the commenters, MJ Thorne, suggested that the database include categories so that truckers can file complaints against brokers, receivers and lumpers.

In the notice set to publish on Feb. 23, FMCSA said it is in the process of updating the database to allow for broker complaints but that it has no plans to do so for receivers and lumpers.

“The update will include the option for the system user to select broker allegations specific to property carriers when filing their complaint,” the agency wrote. “FMCSA appreciates the suggestions regarding adding a (National Consumer Complaint Database) complaint category for receivers and lumpers. However, FMCSA is not currently considering those additions.”

FMCSA said it is hopeful the update to the database’s interface will make it easier for users to file complaints. Additionally, the agency said it will strive to respond to every complaint promptly and initiate enforcement action when applicable.

Response to OOIDA comments

On Nov. 2, OOIDA filed comments that described the National Consumer Complaint Database as a poorly named and “toothless” outfit for commercial motor vehicle drivers to report violations.

“The lack of response from FMCSA results in many unresolved complaints and also discourages drivers from using the (database) to report unsafe practices,” OOIDA wrote. “The agency must increase their response level after a complaint is filed.”

OOIDA says another issue with the database is the name itself.

“(The National Consumer Complaint Database) does not signify a connection to the trucking industry in any way,” the Association wrote. “OOIDA believes the (database) can help improve safety, but many drivers are unaware (it) is available for them to report violations of commercial regulations, nor are they aware that coercion complaints can be handled through the (database).”

FMCSA responded that it is hopeful the forthcoming update will improve the adequacy of the database but that it has no plans to change the name.

“The National Consumer Complaint Database, commonly referred to as the NCCDB, is a well-known and highly frequented database that consumers, brokers, motor carriers and industry personnel use,” FMCSA wrote. “In 2021, the database received over 18,000 complaints. Therefore, FMCSA does not believe that there is a stakeholder awareness problem due to the name of the database.

“FMCSA looks forward to continuing to hear OOIDA’s perspective on the name of the database and categories within it and will strive to respond to every complaint promptly, thoroughly investigate all valid complaints and initiate enforcement action when applicable.”

Once the notice is published in the Federal Register, it will be open for public comment for 30 days. Comments will be able to be made by going to the regulations.gov website and entering FMCSA-2021-0089. LL