The push for broker transparency in the trucking industry has been a long time coming. That’s why the Owner-Operator Independent Drivers Association wants truckers to seize the opportunity.
A proposal to improve broker transparency regulations is finally on the table, and truck drivers have through Jan. 21 to let the new administration know why the regulation is important to small-business motor carriers and general highway safety.
To generate as many comments as possible from truckers, OOIDA has planned a “fireside chat” online meeting at 7:30 p.m. Central on Wednesday, Jan. 8. Truckers can register to attend by clicking here.
In addition, the Association created a place on its website that allows truckers to file comments to the Federal Motor Carrier Safety Administration.
“We want to encourage truckers to engage on the issue, to communicate and share their thoughts with FMCSA,” OOIDA President Todd Spencer told Land Line Now. “With our FightingForTruckers.com website, we make it really, really easy to access all of the relevant information and to communicate directly with FMCSA.”
Federal regulation 371.3 already requires brokers to maintain transaction records. However, brokers have often been able to evade this regulation either through lack of enforcement or by requiring motor carriers to sign a waiver. OOIDA petitioned FMCSA in 2020 to stop the loophole and to strengthen existing regulations.
FMCSA’s 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 core issue between truckers and brokers is transparency – the details of the entire arrangement,” Spencer said. “This isn’t complex stuff. This isn’t new stuff. We’re not asking for new regulations. The regulations for transparency have been on the books since 1980 … Brokers have simply not complied. They’ve simply blown off the rule. They’ve blown off the requirements for all these years … Enough is enough.”
As of Jan. 3, FMCSA had received about 2,000 comments.
OOIDA wants thousands more truckers to explain why transparency is necessary.
“The squeaky wheel gets the grease, and the squeaky wheel gets the grease in Washington, D.C.,” OOIDA Executive Vice President Lewie Pugh said. “Now is your chance to tell your side of the story. Tell how this could affect you. If nothing else, just get on there and say that you support this. Or say that you support this but you would like this or that added. There are way more truckers than brokers out there, so keep that in mind.”
The “fireside chat” about broker transparency will feature Spencer, Pugh and Jay Grimes, OOIDA’s director of federal affairs to provide details about the proposal and answer questions.
“First and foremost, we want to educate members,” Pugh said. “It also gives us an opportunity to hear back from members.” LL
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