Comment Period Extended to April 6
The Federal Motor Carrier Safety Administration (FMCSA) has issued a Notice of Proposed Rulemaking (NPRM) to change the financial responsibility requirements of brokers and freight forwarders. The changes are intended to benefit motor carriers.
Current federal law requires brokers and freight forwarders to maintain “assets readily available” in the amount of $75,000 to meet obligations to motor carriers. Brokers and freight forwarders often meet the financial responsibility requirement through surety bonds or trust funds administered by others, known as “financial responsibility providers.”
When a broker or freight forwarder improperly withholds payment for services from a motor carrier, the trucking company can submit claims to the financial responsibility provider backing the surety or trust fund. If the total claims from all carriers exceed the $75,000 figure, the financial responsibility provider may seek assistance from a court, which would decide the amount of the $75,000 each claimant receives.
FMCSA maintains that the percentage of unscrupulous brokers is small but acknowledges that legal action is slow and tedious. To minimize claims and expedite the process, the NPRM would:
The NPRM would allow three years for brokers, freight forwarders and their financial backers to make the proposed changes. Comments on the NPRM were due by March 6, 2023. However, as noted below, the comment period has been extended to April 6, 2023. ICSA will report on the comments and direction of the rulemaking in an upcoming Regulatory Roundup.
Every year, TAT (formerly called Truckers Against Trafficking) honors a member of the trucking, bus or energy industry, whose direct actions help save or improve the lives of those exploited or prevent human trafficking from taking place, with the Harriet Tubman Award
Bob Costello has indicated that the freight market has improved – but very slowly – since January. It must be said that ATA’s indices are dominated by contract freight as opposed to spot rates.
Now, however, with Republican control of both houses of Congress and the White House (and, some say, the Supreme Court) I am optimistic that trucking will get a fairer shake than it has during Biden’s term in office.