Truck drivers who didn’t have a chance to share their perspectives on the proposed broker transparency rules will soon have an opportunity to do so.
On February 18, the Federal Motor Carrier Safety Administration (FMCSA) will officially reopen the comment period for its proposed broker transparency rule. The newly extended comment window will remain open for 30 days, giving stakeholders additional time to provide their input.
Strengthening Broker Transparency Rules
This proposal aims to tighten existing regulations on broker transparency, which have been in place since the 1980s but are often overlooked. The notice of proposed rulemaking, initially published in November 2024, seeks to hold brokers accountable through the following key provisions:
- Mandatory Electronic Records: Brokers would need to store records electronically.
- Detailed Recordkeeping: Records would be required to include shipment information such as charges, payments, descriptions, amounts, dates, and any related claims.
- Regulatory Obligation Affirmation: Brokers would have a clear obligation to provide transaction records.
- Quick Access to Records: Brokers must deliver electronic copies of requested transaction records within 48 hours of a carrier’s request.
The original 60-day comment period concluded on January 21, generating over 4,800 responses on the Regulations.gov site. With additional feedback allowed until March 20, this number is set to rise as public interest grows in the broker transparency discussion.
Why Is the Comment Period Reopening?
On January 19, the Small Business in Transportation Coalition (SBTC) urged FMCSA to extend the comment period by 14 to 30 days due to the overwhelming interest in broker transparency reform.
The push for stricter broker transparency measures has a history. The Owner-Operator Independent Drivers Association (OOIDA) and SBTC petitioned FMCSA in 2020 to pursue regulatory action. Among other requests, they aimed to eliminate a loophole allowing brokers to ask carriers to waive their rights to access transaction records.
“Other potential commenters to the notice of proposed rulemaking may benefit from an extension as well,” FMCSA noted in its announcement.
FMCSA affirmed that it will take into account both the comments submitted by the earlier January 21 deadline as well as new comments submitted during the reopened period. A final decision on implementing the rule will only be made after reviewing all the feedback.
How to Submit Your Comments
Starting February 18, feedback can be submitted through either of the following channels:
- The official Fighting For Truckers website.
- Visiting Regulations.gov and referencing Docket No. FMCSA-2023-0257-0001.
Previous Feedback Highlights
By the close of the initial comment period, OOIDA had expressed its strong support for the FMCSA proposal while calling for further reinforcements to the proposed rules.
“OOIDA has long pushed for greater transparency in transactions with brokers and supports FMCSA’s initiative to bring overdue improvements to broker regulations,” stated a comment signed by Todd Spencer, OOIDA President. “OOIDA supports the notice of proposed rulemaking’s intent along with many of its technical provisions. However, FMCSA must strengthen the rulemaking by clarifying how they will enforce the rules and closing all loopholes that let brokers waive transparency rights.”
Source: Land Line
