Truck-Broker Rules Under Review

The Trump administration is giving truck owner-operators renewed hope with a proposal that could make it easier for them to access broker transaction records.

The Federal Motor Carrier Safety Administration (FMCSA) announced it is reopening the comment period for its proposed rule on "Transparency in Property Broker Transactions." 

This notice of proposed rulemaking (NPRM) was initially open for 60 days, closing on January 21, but due to a surge in comments, including those from individuals impacted by California wildfires, the Small Business in Transportation Coalition (SBTC) requested an extension. FMCSA has agreed to extend the comment period until March 20.

Key Insights from the Rulemaking:

• SBTC’s Stance: The SBTC, with more than 21,000 members, has been vocal in its criticism of FMCSA’s proposal, arguing that the rule does not go far enough to protect truckers from exploitative brokers. SBTC has been pushing for a rule that prohibits brokers from requiring carriers to waive their right to review transaction records.
  
• OOIDA's Request: The Owner-Operator Independent Drivers Association (OOIDA) has also called for contract prohibitions and a new requirement that brokers automatically provide transaction details within 48 hours of the completion of services.
  
• FMCSA’s Proposed Rule: While FMCSA’s proposed rule, published in November, gives motor carriers more leverage in securing freight contract information during disputes, it does not meet the full demands of SBTC and OOIDA.
  
• SBTC’s Concerns: James Lamb, SBTC Executive Director, expressed disappointment over FMCSA's approach, citing a situation where a major freight broker was ordered by FMCSA to remove waiver language from its contracts in 2023 but this was not reflected in the proposed rulemaking for 2024.

Industry Reactions: The Transportation Intermediaries Association (TIA) has responded by arguing that the proposed rule is addressing a non-existent problem. TIA has suggested that FMCSA should focus on highway safety and tackling fraud within the supply chain instead, which is costing the U.S. economy billions annually.