FMCSA to Give Drivers Another Chance to Sound Off On Ways to Crack Down On Brokers
Washington D.C. – The Federal Motor Carrier Safety Administration (FMCSA) will host a virtual listening session next month over two new proposals calling for stricter regulations for freight brokers as pressure from the White House continues.
Last month, the FMCSA published into the Federal Register recently filed petitions by the Owner Operator Independent Driver’s Association (OOIDA) and the Small Business in Transportation Coalition (SBTC) calling for new measures to ensure small business truckers have access to each transaction record.
The petitions stem from concerns that freight brokers are not complying with, or are circumventing, 49 CFR 371.3 which requires brokers to provide a copy of the transaction record to carriers, at the carriers request, upon delivery of the load.
Reform measures called for in the petitions include: requiring brokers to automatically provide an electronic copy of each transaction record within 48 hours after the contractual service has been completed, and disallowing brokers from including any stipulation in its contracts which exempt them from having to comply with 49 CFR 371.3.
Click HERE to read more details in the petitions.
While the public comment period on the two proposals is still ongoing, FMCSA Acting Administrator Wiley Deck revealed this week the Agency intends to provide an additional opportunity for industry stakeholders to make their opinions known.
In an interview on OOIDA’s podcast and radio show, Landline Now, Deck informed that the FMCSA intends to hold a virtual listening session in October.
“I want to make sure we provide that additional listening opportunity for the Agency as we move forward to look at the broker transparency issue,” Deck said.
Further, the Acting Administrator commented it’s important to him that “we get all viewpoints on this.”
A date for the virtual listening session has not yet been confirmed, but the Agency is expected to announce one in the coming days.
Issues surrounding broker transparency dominated headlines throughout much of the spring during the height of the COVID-19 recession.
The FMCSA also came under intense scrutiny for its action, or inaction, in enforcing 49 CFR 371.3.
During a White House meeting in May, Mark Meadows, President Donald Trump’s Chief of Staff, reportedly reprimanded then-Acting Administrator of the FMCSA, Jim Mullen, for the Agency’s failure to actively enforce the provision.
In June, at the Truckload Carrier Association’s (TCA) Virtual Safety & Security meeting, then-Acting Administrator Mullen questioned the Agency’s authority to prevent brokers from requiring carriers to waive their rights under 371.3.
It is unclear if current Acting Administrator Deck views these issues differently than did Acting Administrator Mullen.
However, Acting Administrator Deck admitted there is ongoing pressure from the top of the Trump Administration on this issue and others.
“This Administration has really pushed the Agency to get a well-rounded understanding of what our actions are doing,” he told Landline Now.
Transportation Nation Network will continue to follow new developments.
WANT MORE? GET MORE!
Click HERE to browse more of TNN’s outstanding coverage regarding freight broker transparency.