WASHINGTON, D.C. – The Owner-Operator Independent Drivers Association (OOIDA) is urging the Federal Motor Carrier Safety Administration (FMCSA) to improve broker transparency through greater enforcement of existing rules.
“Brokers have been deliberately skirting federal transparency regulations for decades,” said Todd Spencer, OOIDA president and CEO. “We certainly don’t think exempting yourself from federal regulations is legal, but this is precisely what is happening. It has to stop.”
OOIDA pointed out brokers are required by federal law to maintain detailed records of their transactions with motor carriers and to make them available, including how much a shipper is paying to have the load delivered. OOIDA contends brokers often circumvent this regulation (49 CFR 371.3).
The organization would like the FMCSA to: require brokers to automatically provide an electronic copy of each transaction record within 48 hours of delivery; and to prohibit brokers from including contractual provisions requiring a carrier to waive their rights to access transaction records.
“We realize some brokers might not like the regulations, but that doesn’t give them the right to blatantly skirt them without any recourse,” said Spencer. “Brokers must no longer be given a free pass to avoid compliance with federal transparency requirements and those who continue to evade the regulations must be held accountable. That is what our petition is trying to accomplish.”
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