Federal regulators have attempted to clarify differences between brokers, bona fide agents and dispatch services in new interim guidelines issued Tuesday by the Federal Motor Carrier Safety Administration.
Mandated by last year’s infrastructure bill, the guidelines are aimed at cracking down on companies that engage in truck brokering but without proper authority from FMCSA, an issue that brokers claim illegally undercuts their business.
While FMCSA acknowledged that dispatch services “can help to ensure the motor carrier has a steady stream of shipments” that allows them to focus on moving freight, the way in which dispatch services perform that function can mean the difference between being under FMCSA authority — including the requirement that they have a $75,000 bond to protect their motor carrier customers from nonpayment — or not.
To make that distinction, FMCSA listed six factors to help determine if a dispatch service needs broker authority. Such authority is needed if the dispatch service:
- Interacts or negotiates a shipment of freight directly with the shipper or a representative of the shipper.
- Accepts or takes compensation for a load from the broker or factoring company, or is involved in any part of the monetary transaction between any of those entities.
- Arranges for a shipment of freight for a motor carrier, with which there is no written legal contract with the motor carrier that meets the aforementioned criteria.
- Accepts a shipment without a truck/carrier then attempts to find a truck/carrier to move the shipment.
- Is a named party on the shipping contract.
- Is soliciting the open market of carriers for the purposes of transporting a freight shipment.
FMCSA’s guidelines clarify that dispatchers operating as an unauthorized broker carry civil penalties of up to $10,000 for each violation.
Congress also mandated that FMCSA clarify what defines a “broker” versus a “bona fide agent” that works specifically for or on behalf of a motor carrier. Because the view among most of those providing comments on the proposed guidelines saw no need to change the current definition of “broker,” however, the agency felt the need to make only one clarification: the relevance of handling funds in shipper-motor carrier transactions.
For example, the Transportation Intermediaries Association (TIA), which represents brokers and 3PLs, and the Owner Operator Independent Drivers Association viewed the handling of money had “at least some relevance as to whether one is brokering,” FMCSA stated.
However, while handling money exchanged between shippers and carriers “is a factor that strongly suggests the need for broker authority … it is not an absolute requirement for one to be considered a broker,” the agency stated.
As for the definition of a “bona fide agent,” FMCSA noted that multiple commenters, including TIA, the National Industrial Transportation League and the Small Business in Transportation Coalition contended that to be considered a bona fide agent one can represent only one carrier.
FMCSA disagrees, stating that “representing more than one motor carrier does not necessarily mean one is a broker rather than a bona fide agent.” In other words, a bona fide agent does not necessarily represent only one carrier.
But FMCSA also states: “Any determination will be highly fact specific and will entail determining whether the person or company is engaged in the allocation of traffic between motor carriers.”
In commenting on FMCSA’s guidelines, Chris Burroughs, TIA’s vice president of government affairs, said the agency incorporated several of the association’s suggestions on dispatch services.
“This is a positive first step, though TIA believes it should be the first and not final step as the number of unlawful brokerage activities continues to rise and these illicit dispatch services skirt registration and regulatory requirements,” Burroughs told FreightWaves. “TIA looks forward to continuing to work with the FMCSA on this important issue.”
FMCSA emphasized the interim guidelines do not have the force of law and are nonbinding. The public has 60 days to comment, with possible updated guidance from the agency based on comments received.
Tommie StallingsII
I think ,stiffer penalties on brokers is good I also think that any company ,that has company drivers that don’t pay a percentage to the driver should take the drivers taxes out ,I’m against speed limiters,for TAT driver’s ,….and stiffer penalties on big corp ..putting drivers in equipment they know is bad …thanks sincerely TStallingsII
Сосиска в твоём тесте.
V rot ya ebal vash pervuy kanal I vtoroj kanal tozhe v rot ebal. Puatuj desyatuij blayt patidesyatuj, kyda me glyan’ krygom odni degeneratu.
Trucking lil by little is turning to a dumpster where o/o ends up first. Plus a lot of “businessman’s” putting last money in this lottery. Russians got into health insurance-insurance became a fraud business, car auction – became a mess, Amazon/eBay – mess, trucking turned to a dumpster after russians got into it. Good luck
Alan
and carriers should not be able to charge hundreds and thousands of dollars over market averages to brokers when capacity is short like has been done for last couple of years until recently. if wanting law to limit brokerage percentage, then the same should also be applied for carriers requesting unreasonable rates.
Lerone A Galloway
Brokers making more money than the company’s more transparency in the business
Onel Dorvil
Fmcsa put a limit on broker a percentage like 10% regulate them so many abuse ,to many owner operators quite. dispatcher make 100,000 broker make 100,000,000 owner operators go bankrupt. Did you investigate how many owner operators leaving the market a yearly……and please adress the shipper and receiver situations a driver shouldn’t wait more than 2 hours for shipments they’re should start charging not $25 to little they don’t care $100 by hour to many driver times wasting in shipments.
JAMES
I think carrier’s should be able to see all ratecon to all loads these companies shouldn’t take no more than 10% of loads that comes from any shipper that provides them with a load and driver’s shouldn’t wait no longer than two hours at a shipper or consignee anything after that a driver should be paid 50 to 100 dollars a hour people need to understand a driver time is very important
James Green
In agreements with this 1st comment. And this should be something that needs to be handled ASAP. Us single truck, small business, Owner Operators are suffering more and more and ENOUGH IS ENOUGH Already!!!
Marinilys Manzueta
This regulations is a positive first step, but it doesn’t fix the main issue affecting small carriers. There needs to be regulations about the amount of money a broker should keep from the total cost of a shipment. I have found brokers that keep over 40% of the cost of the shipment when the driver/carrier has all the overhead. We need a cap on the amount a broker can earn as they’re primarily responsible for most of the issues relating to the low earnings of small carriers.