Breaking News: FMCSA to take comments on automatic broker document reporting

Picture: Jim Allen/FreightWaves

The Federal Motor Carrier Safety Administration said Tuesday that it is opening a comment period on a request from the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition that could lead to a requirement that brokers automatically share documentation on transactions with drivers and other parties to a deal.

The OOIDA request is that FMCSA require brokers to provide an electronic copy of every transaction within 48 hours “after the contractual service has been completed” and would also “prohibit explicitly brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records.” The SBTC request is for FMCSA to “prohibit brokers from coercing or otherwise requiring parties to brokers’ transactions to waive their right to review the record of the transaction as a condition for doing business.”

Parties to a transaction do have the right to receive documents about the deal. But brokers report that the documents are almost never requested. The countervailing argument is that drivers don’t ask for them because they’re afraid the request could lead to a “blackballing” of those drivers who do make the request, limiting their opportunities in the future.

(The follow-up article to this breaking news was published later in the day.)


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28 Comments

  1. Lenny

    I read this Broker/Carrier back and forth and think “WOW” how many stupid individuals are work within the entire trucking industry. If you own a truck and do not go for your own contract customers sell your truck and go find and new career to complain about. I have been at this over 35 years and always had a company fleet and brokerage division for the movement of either over flow or excess freight that “Customer that the company procured” as a whole was able to “Service the Customer and their Customer”. If your so short minded that within this rule it is “2” “Two” and remember 2 separate transactions “1” “One” between the Customer and Freight Broker and “1” “One” between the Freight Broker and the Contract Carrier. Did you the carrier sign the contract and then accept the rate conformation or freight tender for the agreed price. If the answer is “YES” sell your truck because you have no clue about the Federal Regulations or even “Public Highway Safety for that Matter” Please leave your making the roads less safe being angry for being not properly informed. Please for public safety leave the industry you do not belong here!!!!

  2. elvis s

    All the people left coments are right.
    MY COMENT IS.
    WE NEED TO STOP SUPPORTING BIG BROCKERS LIKE TQL AND CH ROBINSON. BECAUSE THEY MAKE SO MUCH MONEY THAT THEY DON’T CARE IF THEY LOSE MONEY ON THE FIRST LOAD FROM THE SHIPPER. AND THEY DO THAT JUST SO THE SMALL BROCKER DON’T GET THE CONTRACT FROM THE SHIPPER. AND WHATS GONA HAPPEN IS THAT ALL THE SHIPPERS GONA GIVE THEM THE LOADS AND WE NOT GONA HAVE NO CHOISE THEN TO TAKE CHEAP LOADS FROM THEM. AND THEY ARE THE BIGGEST ASHOLS. THEY SELL THE LOAD CHEAPER TO A NOTHER CARRIER WILE THEY TALKING TO YOU ON THE PHONE. I BEAN DOING THIS FOR 20 YEARS AND TRUST ME ITS GONA HAPPEN.

  3. Caelan C Helsel

    Excellent, let’s go after the consignee for unpaid detention and shipping for unpaid TONU too. Let’s pay company drivers an hourly rate with OT. Start driving the big companies out so the majority, small independents can have a vote in politics and regulations.

  4. Flames

    I’ve been doing this for a while, l hate to bring bad news THIS WILL NEVER GET BETTER, there’s too much idiots that are coming in this business and don’t even have a clue what they are doing, and they are the one these crooked Brokers love . And there are those who’ve been in it for a while, just one mistake on the road or with freight claims or out of service violation, and then these vultures have you for lunch, for many years your insurance goes through the roof, these crooked brokers see an opportunity to bend you over. Until we start getting real serious about bonding THIS WILL NEVER GET BETTER. Remember brokers, shippers dot ,they are not our friends ,their only existence is there gain not yours. What’s ours??

  5. Mr Riatonon

    I’m not an expert either well maybe just in sex, but I’ve heard alot of stories about brokers making thousands and millions and bankrupt small businesses. I don’t know how but supposedly with the insurances and even this too the rate hostage. They’ll get from the customer (any product) an amount like $30,000 to find a buyer (any store ir distributors ) and to find a trucking company to get it there. They’ll put it on the load board for the lowest like $300 and leave it there until a trucking company calls negotiating wanting more pay to haul the load. They’ll usually go up raise once a week until the customer starts calling to see where’s the product. They’ll then raise it fast to around $3,000 then $4000 and finally close it. The greedy brokers will never raise it and force the desperate truck companies to take it saying there’s nothing else no other loads. THIS IS WHEN THEY USE THAT WAIVER WHEN A COMPANY STARTS COMPLAINING AND SO THEY NOBODY CAN SEE HOW MUCH THEY POCKETED.

  6. Serge

    They need to look into double brokering. This is happening on daily basis, which is illegal. It really does not matter what broker is keeping for himself, but he sells the freight to another broker, then that broker might sell it to another etc. By the time actual transport of freight occurs the money is shaved off 50-75%. That’s how we left with $1.2 a mile freight.

  7. MB Tranzport LLC

    There’s a lot of brokers that attempt to make it sound harder than it actually is to acquire direct customers… But it’s not… You people (only the slime-ball brokers / brokerages) are nothing but greedy people that feels entitled to a larger portion of the pie simply because y’all have it in your heads that you’ve done something that y’all THINK US drivers can’t do… We can and will…

    You people also prey and or count on the illegal drivers as well as those that doesn’t know their operating costs…

    I’m new in the industry (less than a year) and have a few great direct customers…

    #bringethicsin
    #bringethicstothetable
    #nocheapfreight

    Don’t get mad when you read this either…

Comments are closed.

John Kingston

John has an almost 40-year career covering commodities, most of the time at S&P Global Platts. He created the Dated Brent benchmark, now the world’s most important crude oil marker. He was Director of Oil, Director of News, the editor in chief of Platts Oilgram News and the “talking head” for Platts on numerous media outlets, including CNBC, Fox Business and Canada’s BNN. He covered metals before joining Platts and then spent a year running Platts’ metals business as well. He was awarded the International Association of Energy Economics Award for Excellence in Written Journalism in 2015. In 2010, he won two Corporate Achievement Awards from McGraw-Hill, an extremely rare accomplishment, one for steering coverage of the BP Deepwater Horizon disaster and the other for the launch of a public affairs television show, Platts Energy Week.