FMCSA reopens comment period on broker transparency

WASHINGTON —  The Federal Motor Carrier Safety Administration is reopening the comment period on broker transparency proposed rulemaking.

According to the Federal Register, the comment period is being reopened at the request of the Small Business in Transportation Coalition (SBTC). The new comment period will last through March 20.

Background

On Nov. 20, 2024, NPRM (89 FR 91648) requested public comment on FMCSA’s proposed amendments to its property broker rules in response to petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and SBTC. Under current regulations, the parties to a brokered freight transaction have a right to review the broker’s record of the transaction, which stakeholders often refer to as ‘‘broker transparency.’’

Contracts between brokers and motor carriers frequently contain waivers of this right. OOIDA requested that FMCSA promulgate a requirement that property brokers provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed, and explicitly prohibit brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records.

SBTC requested that FMCSA prohibit brokers of property from coercing or requiring parties to brokered transactions to waive their right to review the record of the transaction as a condition for doing business and prohibit the use of clause(s) exempting the broker from having to comply with this transparency requirement.

Speaking Out

In December 2024, OOIDA president Todd Spencer urged all truck drivers to comment on the issue in a strongly worded statement.

“To the shady freight brokers, you’ve skirted federal regulations to take advantage of the hardworking men and women behind the wheel for too long and it’s far past time this era of screwing over truckers comes to an end,” Spencer said. “To the American trucker, now is your chance to hold bad brokers accountable. Jump into the arena and demand action from FMCSA. No more sitting on the sidelines complaining. If you speak up, we’ll win this fight.”

Stacked Deck

Earlier this month, Spencer stated that the deck is stacked against small business truckers.

“The deck is stacked against carriers in numerous ways, yet truckers persevere and deliver for the American people. It’s time to level the playing field,” Spencer said. “It’s time to restore fairness in the freight market. It’s time to give small-business truckers a leg up. It’s time for broker transparency.”

Demand for Broker Transparency 

“We agree with (FMCSA’s) assertion that, ‘broker transparency is intended to enable efficient outcomes in the transportation industry by providing material information necessary for the transacting parties to make informed business decisions,’” OOIDA said. “Over the last few years, motor carriers have been increasingly victimized by freight fraud, unpaid claims, dubious charges, unpaid loads, double brokered loads, and load phishing schemes. The absence of legitimate broker transparency limits carriers’ ability to combat these problems.”

Request for Comments

To submit a comment, please include the docket number for the NPRM (FMCSA–2023–0257). Indicate the specific section of the document to which your comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery. Please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/document/FMCSA-2023-0257-0001

Dana Guthrie

Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.