FMCSA seeks comments on broker transaction petition

Updated Aug 23, 2020

The Federal Motor Carrier Safety Administration on Wednesday, Aug. 19, began accepting public comments on a petition that would require brokers to provide carriers with an electronic copy automatically of transaction records within 48 hours of a load being completed.

The petition from the Owner-Operator Independent Drivers Association also calls for FMCSA to prohibit brokers from including provisions in their contracts with carriers that waive carriers’ rights to access transaction records.

FMCSA is asking for public comments on requiring that brokers disclose certain financial details about transactions to carriers and whether a regulatory action would solve the problem OOIDA described. Comments can be made here through Oct. 19.

OOIDA said in its petition, which it filed in May when rates were suffering from the COVID-19 pandemic, that it “believes the problem is that the regulations designed to provide transparency are routinely evaded by brokers or simply not enforced by FMCSA.”

“While the current rules require brokers to keep transaction records and permit each party to a brokered transaction to review the records, many brokers implement hurdles they know will prevent a carrier from ever seeing this information,” OOIDA added in the notice.

The group said some brokers will allow carriers to access records, but only at a broker’s office during normal business hours, which OOIDA said “makes it virtually impossible” for carriers to see the records.