The Patrick and Barbara Kowalski Freight Brokers Safety Act: Good Hearts, Bad Outcomes

The Good Intentions Behind It. On paper, the intentions are noble. Trucking is a huge industry: millions of trucks haul goods across the U.S. every day, and accidents can be deadly. In 2023 alone, over 5,000 people died in large-truck crashes, according to federal data. Many of these involve fatigued drivers, poor maintenance, or repeat offenders. Brokers often pick the cheapest or fastest option without checking safety records deeply. This bill pushes them to prioritize safety over speed or cost. By fining brokers and funding safety upgrades, the law could deter bad deals and make highways less dangerous. It’s like saying, “If you hire a sketchy driver, you’ll pay the price.” Supporters argue it protects families from preventable wrecks, honoring victims like the Kowalskis. In a world where regulations lag industry growth, this feels like a step toward accountability.

Why It’s Terrible in Practice. But here’s where the rubber meets the road, and skids off. While the heart is in the right place, the bill’s details could wreck the trucking world. First, the rules are too vague and broad. What counts as a “DOT violation”? It could be anything from a minor paperwork error to a serious speeding ticket. Not all violations mean a carrier is truly unsafe, some are administrative slip-ups. Yet the bill treats them all the same. A company with three small issues over five years gets labeled “specified” and becomes toxic to brokers. Worse, it applies to any driver employed, even if they’re not driving that load. Brokers would have to dig through years of records for every trucker and driver. That’s a massive burden, especially for small brokers who handle hundreds of deals a month. 

Enforcement sounds nightmarish. How do you prove a broker knew about violations? The bill doesn’t say brokers must check or how they must check; it just punishes them if they hire a flagged carrier. This could lead to endless lawsuits and audits. After a crash, FMCSA investigations might drag on, tying up businesses in red tape. And “egregious disregard”? That’s subjective, opening doors to unfair penalties. 

Economically, it’s a disaster waiting to happen. Freight brokers keep supply chains moving affordably. If they avoid carriers with any blemishes, safe but imperfect companies could go out of business. New or small trucking firms might struggle to get work if they have a couple of violations from the learning curves. Shipping costs would skyrocket, hitting consumers with higher prices for everything from groceries to gadgets. In a post-pandemic economy still recovering, this could slow growth and kill jobs.

Finally, it might not even boost safety much. Real dangers come from overworked drivers or bad weather, not just past violations. Existing laws already rate carriers’ safety (like the FMCSA’s Safety Measurement System). Piling on broker penalties feels like overkill, shifting blame without fixing root causes like underfunded inspections. In short, this bill means well but ignores real-world chaos. It could bog down an essential industry, raise costs, and unfairly punish honest players, all without guaranteeing safer roads. Lawmakers should rethink it: Focus on better training, tech like automatic brakes, or stricter carrier rules instead. Safety matters, but not at the expense of common sense.

Matthew Leffler is a transportation attorney, adjunct professor of law at Michigan State University College of Law, and the host of the Armchair Attorney® Podcast. He can be reached at matthew@armchairattorney.com