The push for broker transparency is more than six years old. The problem still hasn’t been solved, but the Federal Motor Carrier Safety Administration’s plan could be revealed as soon as this month.
The U.S. Department of Transportation’s 2026 regulatory agenda has been released, and broker transparency – one of FMCSA’s most anticipated rulemakings – made an appearance.
According to the regulatory agenda, FMCSA is targeting July 2026 for the release of a supplemental notice of proposed rulemaking regarding “Transparency in Property Broker Transactions.”
What is broker transparency?
Broker transparency regulation 371.3 has been on the books for decades, but it hasn’t been enforced.
Regulation 371.3 requires brokers to keep records of each transaction. Even more, each party to an individual transaction has the right to review the record. Truckers say that brokers routinely evade the rule by either requiring waivers or telling carriers they can’t provide the records electronically.
Without transparency, truckers are at a disadvantage in receiving fair rates and may be victimized by bogus claims.
The push for change
Although the regulation hasn’t been enforced for decades, a substantial call for change took form in 2020 when a group of truck drivers went to Washington, D.C., to protest.
Around the same time, the Owner-Operator Independent Drivers Association petitioned the FMCSA to begin enforcing existing broker regulations and close loopholes brokers were using to evade the rules.
Finally, in November 2024, FMCSA issued a notice of proposed rulemaking.
The proposal included four provisions to improve broker transparency. Specifically, it would require brokers to keep their records in electronic format and to provide a copy of those records within 48 hours upon request. The proposal also affirmed that brokers have a regulatory obligation to provide transaction records that should include information about charges and payments related to the shipment, as well as a description, amount and dates, plus any claims related to the shipment.
The proposal drew thousands of comments, but the new administration decided not to move forward with a final rule. Instead, the DOT opted to start the process over and issue a new proposal.
What’s FMCSA’s plan?
Unfortunately, we won’t know exactly how the agency plans to address the lack of broker transparency until a notice is published in the Federal Register.
It is unclear whether the agency will simply make tweaks to the previous proposal or take a completely different route.
“This rulemaking would amend FMCSA property carrier broker rules in response to petitions …” the agency wrote in the regulatory agenda.
Although FMCSA targets a July release, the dates are only projections. The previous agenda indicated it would be unveiled in May.
Once the proposal is published, the public will have an opportunity to comment.
Other agenda items
Other proposals in the latest regulatory agenda address minimum training requirements, automated driving systems, English proficiency, automatic emergency braking, ELD revisions, UCR fees and standards for brokers and CDL holders. Additionally, FMCSA is projecting a final rule for hours of service. LL
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