[su_press_release title=”OOIDA urges small-business truckers to participate in broker transparency reform process”]
Deadline approaching Jan. 21, 2025
The Owner-Operator Independent Drivers Association (OOIDA) hosted an interactive, online chat via Zoom encouraging small-business truckers to participate in the process that would bring needed changes to broker transparency regulations.
OOIDA wants to make sure their members’ voices are heard regarding a proposal by the Federal Motor Carrier Safety Administration to make several amendments to 49 CFR 371.3, Records Kept by Brokers. OOIDA says the Notice of Proposed Rulemaking needs a few changes but represents a significant step toward holding brokers accountable to long-ignored regulations.
OOIDA petitioned FMCSA in 2020 saying that transparency is necessary for balanced negotiations, especially when there are claims on loads or other issues so carriers can effectively defend themselves and reach equitable outcomes.
Truckers now have until January 21, 2025, to provide feedback on the proposed rule and ensure their voices are heard.
Proposed Changes to Broker Transparency Rules
FMCSA’s proposal seeks to close longstanding loopholes and modernize broker transparency requirements. Key provisions include:
- Requiring brokers to maintain transaction records in electronic format.
- Mandating brokers provide electronic copies of records within 48 hours of a carrier’s request.
- Ensuring records include comprehensive details, such as charges, payments, and claims associated with the shipment.
- Affirming brokers’ regulatory obligation to comply with transparency rules.
These changes are aimed at leveling the playing field for small-business truckers, increasing accountability, and reducing unfair practices that undermine market competition.
What Needs Improvement
While the proposal is a positive step, OOIDA highlights areas where the FMCSA must strengthen the rule, including:
- Explicitly prohibiting brokers from using contractual waivers to evade transparency rights.
- Enhancing penalties for noncompliance.
- Providing a clear plan for enforcing these rules to ensure meaningful change.
Why Your Feedback Is Crucial
For decades, truckers have struggled with brokers avoiding transparency, either through lack of enforcement or by requiring carriers to waive their rights. FMCSA’s proposal reflects progress, but input is needed to ensure it delivers real results.
“We’re not asking for new regulations,” said OOIDA President Todd Spencer. “The transparency rules have been in place for 40 years but brokers have simply ignored them. We need to change that.”
“This is an opportunity for truckers to tell their story, share perspective and let FMCSA know why broker transparency matters.”
Take Action ASAP
Truckers are encouraged to share feedback and OOIDA has made it simple to participate:
- Submit Comments: Visit FightingForTruckers.com to access the NPRM and submit your comments.
- Use the OOIDA Comment Guide: Learn how to craft impactful feedback to support the changes and demand stronger enforcement. Comment Guide for Broker Transparency
The public comment period ends January 21, 2025 (Docket ID No. FMCSA-2023-0257).
Join OOIDA’s Fireside Chat
To help truckers engage with the issue, OOIDA hosted an online Fireside Chat. The virtual event featured OOIDA leaders President Todd Spencer and Executive Vice President Lewie Pugh, discussing the proposal and answering questions. Listen to the recording here.
For more information and to submit comments, visit FightingForTruckers.com.
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