FMCSA Announces Listening Session on Property Carrier Broker Petitions for Wednesday, October 28th, 1:00 - 2:30 PM EDT

October 12, 2020

Online forum to review three petitions under consideration

 

Last week, the FMCSA announced a listening session pertaining to property carrier brokers. Specifically, they would like to hear from stakeholders on petitions (outlined below), submitted for consideration by the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC), which would amend certain requirements for property carrier brokers. Those interested in participating, or listening to the online session must pre-register. Complete information on how to do so may be found in the FMCSA notice.

 

OOIDA'a petition requests the FMCSA require property carrier brokers provide an electronic copy of each transaction record automatically, within 48 hours after the contractual service has been completed. The petition also asks the FMCSA to explicitly prohibit brokers from including any provision in their contracts that would require a motor carrier to waive its rights to access the transaction records. 

 

The SBTC petition (posted alongside the OOIDA petition) requests the FMCSA prohibit brokers from coercing, or otherwise requiring, parties to brokers' transactions waive their right to review the record of the transaction as a condition for doing business. It also requests the FMCSA adopt regulatory language indicating that brokers' contracts may not include a stipulation or clause exempting the broker from having to comply with the transparency requirement. 

 

In addition to the two primary petitions, the FMCSA would also like to hear from stakeholders on a petition submitted by the T

ransportation Intermediaries Association (TIA), which asks the FMCSA to develop guidance on what legally constitutes a “dispatch service.” The TIA petition asserts that its proposal, and future guidance to the public on what would constitute a legitimate “dispatch service”, would remove “unethical and unscrupulous actors from the marketplace” in addition to eliminating an administrative burden on the FMCSA to enforce outdated and unnecessary regulations. 

 

Of note, the online forum will not focus on (or seek comments) related to broker or freight forwarder minimum financial requirements. If your company would like to submit comments on the OOIDA or SBTC petitions, they have until October 19th to do so

If you have any questions about the petitions, please contact Bryan Vickers, bvickers@pacellp.com, 703-403-2882 with IAM's Legislative and Regulatory Affairs team.