Legislation introduced before Congress went on its holiday break would impose a 10% surcharge on brokers' contracts with carriers that have questionable safety records.
Rep. John Moolenaar, a Republican from Michigan, recently introduced the Patrick and Barbara Kowalski Freight Brokers Safety Act, which aims to hold freight brokers accountable when they hire trucking companies that have a history of serious safety violations.
In 2022, Patrick and Barbara Kowalski, two lifelong Michiganders, were killed in a trucking crash that involved a company with several Department of Transportation safety violations. Shannon Mertz, Patrick and Barbara’s daughter, sent a letter to Congressman Moolenaar about the tragedy that spurred the legislation.
The bill creates an economic incentive for brokers to prioritize safety by requiring a 10 percent surcharge on contracts with trucking companies that have three or more DOT violations within a five-year period and directs the Secretary of Transportation to use funds generated by this fee to improve roadway safety.
Additionally, the bill expands the authority of the Federal Motor Carrier Safety Administration to investigate freight brokers and impose operating requirements following fatal crashes.
“No family should experience the loss the Kowalskis faced. It was a preventable tragedy and this legislation ensures all freight industry contractors take safety seriously,” said Moolenaar.
The bill text can be found here.
Earlier this year, Rep. Pete Stauber, a Republican from Minnesota, reintroduced the Motor Carrier Safety Selection Standard Act, which would require brokers and shippers contract only with trucking companies registered with FMCSA, hold a valid operating authority, and meet the required amounts of insurance.
It also requires the FMCSA to create a public website confirming which carriers meet these requirements.
Sen. Deb Fischer, a Re[publicanm from Nebraska, introduced similar legislation during the 118th Congress (2023-2024).
