The Federal Motor Carrier Safety Administration has already received more than 1,000 comments in response to its notice of proposed rulemaking on broker transparency.
However, the Owner-Operator Independent Drivers Association would like to see even more of its members let the agency know why broker transparency is important to small-business motor carriers and to highway safety.
“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,” OOIDA President Todd 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.”
On Thursday, Dec. 12, OOIDA issued a Call to Action to its approximately 150,000 members and published a Comment Guide on its Fighting For Truckers website to assist truck drivers through the submission process.
“For years, OOIDA has been fighting against unequal broker rules,” the Association wrote. “The current system hurts small businesses and gives shady brokers an unfair advantage. Fraudulent brokers are increasing, scamming hard-working truckers by not paying for completed jobs. They reappear under different names, leaving you unsure who to trust. Experienced drivers are being driven out of business in part by criminals posing as freight brokers.”
In addition to preventing fake brokers from scamming truckers, OOIDA is hopeful that strengthened broker transparency regulations will stop real brokers from defrauding truck drivers.
“Some brokers make fraudulent damage claims after receiving a clean bill of lading for a load delivered by a trucker as promised,” OOIDA wrote.
The proposal
In November, FMCSA officially unveiled a proposal to improve transparency in broker transactions.
Specifically, the broker transparency proposal would:
- Require brokers to keep their records in an electronic format
- Require brokers to provide an electronic copy of records within 48 hours after a carrier makes a request
- Require that records contain information about charges and payments connected to the shipment, including a description, amount and dates, as well as any claims connected to the shipment
- Affirm that brokers have a regulatory obligation to provide transaction records
The history
Broker transparency regulations have been on the books for decades but have long been evaded by requiring waivers or by not making the records easily accessible to truckers.
OOIDA has long pushed for an increase in broker transparency, but the effort shifted into another gear in 2020. Prompted by historically low freight rates, hundreds of truck drivers traveled to Washington, D.C., to protest the lack of broker transparency in the trucking industry.
The message made it all the way to the White House, leading to a meeting with Chief of Staff Mark Meadows and comments from President Donald Trump.
“I’m with the TRUCKERS all the way,” Trump posted on Twitter on May 3, 2020. “Thanks for the meeting at the White House with my representatives from the Administration. It is all going to work out well!”
With the spotlight on the broker transparency problem, OOIDA petitioned FMCSA in May 2020 to begin the rulemaking process. That petition was accepted in 2023, and the proposal was issued last month.
With Trump returning to office in 2025, OOIDA is hopeful his administration will fulfill the promises made in 2020.
“This rulemaking is unfinished business for the Trump administration,” said Collin Long, OOIDA’s director of government affairs. “They started this process back in 2020, and we hope they consider finalizing this rule and continuing to work with OOIDA to make broker transparency a top priority on Day 1.”
How to comment
FMCSA will accept comments on the broker transparency proposal through Jan. 21, 2025. Those who would like to do so can click here or go to Regulations.gov and enter Docket No. FMCSA-2023-0257-0001.
OOIDA also has made it easy for truckers to file comments through its website.
“Use the form on this page to submit feedback on the broker transparency proposal and demand the fairness you deserve,” OOIDA wrote at Fighting For Truckers. “We must ensure that broker transparency remains a priority for the Trump administration and the new Congress that will take office soon.”
For those who would like some ideas on what to write, OOIDA offers a comment guide with questions to consider. LL
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