Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
FMCSA amends broker & freight forwarder financial responsibility rules
In a notice to be published in the Federal Register soon, the Federal Motor Carrier Safety Administration (FMCSA) announced revisions to its regulations pertaining to property broker and freight forwarder financial responsibility.This final rule, which is set to take effect 60 days from the date the rule is published in the Federal Register, modifies the following five regulatory areas relating to broker and freight forwarder financial responsibility:Assets Readily Available. In its 2012 MAP-21
Brandon Wiseman
Wiseman joins FreightWaves to discuss broker liability
Trucksafe’s president Brandon Wiseman recently joined FreightWaves to discuss recent developments in the legal landscape surrounding broker liability for highway accidents. The panel discussed recent federal court cases from the 9th, 11th, and 7th Circuit Courts of Appeal, including the recent Ye v. GlobalTranz case, which held that a plaintiff's negligent hiring claim against a freight broker was preempted by the Federal Aviation Administration Authorization Act (FAAAA). Catch the replay below!
FMCSA again declines to tackle double brokerage
In a notice to be published in the Federal Register in the next couple of days, the FMCSA issued its "final guidance" on its regulatory definitions of the terms "broker" and "bona fide agent." This final guidance comes on the heels of the agency's "interim guidance" on this same topic, which it published in November of 2022 and which we discussed in detail in this article. The FMCSA's brokerage guidance is a response to Congress' mandate in its Infrastructure Investment and Jobs Act (IIJA). Spec
Brandon Wiseman
What property brokers MUST know about their role in highway accidents
In late 2022, the U.S. Supreme Court refused to hear a case involving C.H. Robinson, one of the largest property brokers in the world, in which Robinson was alleged to have negligently hired a motor carrier that caused a bad accident and severely injured the plaintiff in the case. Robinson contended these types of lawsuits against property brokers are preempted by a federal law known as the Federal Aviation Administration Authorization Act or FAAAA, which generally prohibits states from enforcin
Brandon Wiseman
How carriers can protect themselves against cargo loss & damage
Cargo and freight claims can be a complex and daunting area of transportation law. However, proper planning and understanding of the risks involved can go a long way in avoiding costly issues.In a recent episode of our Trucksafe LIVE! podcast, we were fortunate to have two leading experts on the topic, transportation attorneys Kristen Johnson and Craig Helmreich, join us to discuss their experiences and insights.First and foremost, Johnson and Helmreich emphasized the importance of having a clea
Brandon Wiseman
FMCSA clarifies key brokerage definitions
The Federal Motor Carrier Safety Administration (FMCSA), at the direction of the U.S. Congress, has issued regulatory guidance aimed at clarifying the statutory and regulatory definitions of the terms "broker" and "bona fide agent." As explained in the agency's November 15, 2022 notice, this "interim guidance [is intended] to inform the public and regulated entities about FMCSA’s interpretation of the definitions of 'broker' and 'bona fide agents' as it relates to all brokers of transportation b
Brandon Wiseman
Compliance Myths: Double brokering is illegal
Some will claim double brokering is illegal, but is that actually the case? We tackle this compliance myth in this article.
Brandon Wiseman
FMCSA seeking comments on "brokerage" definitions
The Federal Motor Carrier Safety Administration (FMCSA) is seeking responses to several questions that will inform future guidance on the topic of what is "brokerage" and "bona fide agents." In a notice posted to the Federal Register on June 9, 2022, the agency noted its questions come in response to a Congressional directive (Infrastructure Investment and Jobs Act) to clarify the terms "broker" and "bona fide agents" by November 15, 2022. Specifically, FMCSA must, at minimum: FMCSA (1) examine
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