For Immediate Release
Date: November 20th, 2024
The National Owner Operators Association (TNOOA) extends its gratitude to the Federal Motor Carrier Safety Administration (FMCSA) for its commitment to addressing the critical issue of broker transparency. Over the past two years, TNOOA has actively participated in constructive discussions directly with FMCSA officials, advocating for fair practices and equitable treatment for owner-operators and small carriers.
The recently proposed amendments to 49 CFR 371.3, published in response to extensive stakeholder input, represent significant progress in modernizing outdated regulations and addressing systemic challenges in the trucking industry.
Positive Steps in the Proposed Rulemaking
- Electronic Recordkeeping: The requirement for brokers to maintain electronic records is a great step forward, ensuring easier access and reducing barriers to transparency. Considering it is already an established practice in our industry, this verbiage is an example of modernizing the rule.
- Clearer Timelines: The proposal to mandate that brokers provide transaction records within 48 hours of a request demonstrates FMCSA’s commitment to timely access to critical information. As it stands there is no timeline outlined in which to respond to a formal request. As we know, brokers have simply ignored or refused requests.
- Expanded Record Content: By Including payment timelines, itemized charges, and claims in transaction records, this enhances carriers’ ability to understand their financial transactions and resolve disputes more efficiently. It also removes outdated distinctions between brokerage & non-brokerage charges. This change can ensure consistent & fair practices. It focuses on providing practical transparency.
- Regulatory Clarity: By reframing transparency obligations as a regulatory duty rather than a contractual right, FMCSA has created a stronger foundation for compliance and enforcement for itself. This shift ensures that transparency is not subject to negotiation, safeguarding carriers from undue pressure or retaliation.It aims to simplify enforcement & improve compliance. While the rule stops short of explicitly banning waivers in contracts, it clarifies that brokers cannot avoid their regulatory obligation to provide transaction records.
TNOOA views these measures as pivotal improvements that promote fairness, accountability, and equity in the transportation sector. FMCSA’s recognition of these needs marks a critical turning point in ensuring a level playing field for all participants. FMCSA holds authority under 49 U.S.C. § 13904(e) to regulate brokers and ensure the protection of motor carriers and shippers.
Opportunities for Improvement
While we celebrate these advancements, TNOOA acknowledges that additional refinements are needed to fully protect carriers from unfair practices. We remain committed to advocating for enhancements that address the realities faced by owner-operators and small carriers every day.
Our Commitment to the Industry
TNOOA will continue to actively engage with FMCSA throughout this rulemaking process. Representing over 44,000 trucking professionals, we will ensure the voices of our members are heard and that the final rule reflects the true needs of those who sustain our nation’s supply chain.
We encourage all stakeholders to participate in this critical dialogue by submitting comments to FMCSA during the open comment period. Together, we can build a stronger, more transparent, and equitable trucking industry. Follow the link below to make your comments. You can remain anonymous. We are aware of “targeting” & “blacklisting”. Do not allow that to deter you from making your voices heard. https://www.regulations.gov/document/FMCSA-2023-0257-0001
About TNOOA
The National Owner Operators Association (TNOOA) is a leading advocacy organization dedicated to representing and supporting independent truckers and small carriers. With a membership of over 44,000, TNOOA strives to ensure fair practices and policies that protect the rights and livelihoods of those in the trucking industry. #allinornothing
Michael Boston
President
TNOOA