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Protecting Carriers from Bad Brokers

Excellent article we wanted to share from Truck’n HotNews, by Utah Trucking Association, June 21 – June 27, 2010

LAWS TO PROTECT CARRIERS FROM BAD BROKERS

Senators Olympia Snowe (R-Maine) and Amy Klobuchar (D-Minn.) have
introduced the “Motor Carrier Protection Act of 2010” (S 3483), in response to
concerns about unscrupulous brokering practices that continually take advantage
of small business truckers. “If passed, this law would put a stop to a system that
allows rogue brokers and scam artists to operate unchecked,” said OOIDA Executive
Vice President Todd Spencer. “Too often, we’ve seen bad brokers get
away with collecting payment from shippers but leaving truckers holding the
bag.” The “Motor Carrier Protection Act of 2010” would:

  • Increase the broker bond from $10k to $100k and expand that bond requirement to freight forwarders
  • Increase requirements and disclosures for any person or company seeking to obtain broker or freight forwarder authority
  • Establish significant penalties for violations of broker regulations, including unlimited liability for freight charges for conducting brokerage activities without a license or bond
  • Create a requirement for brokers and freight forwarders to renew their operating authority annually and require the Federal Motor Carrier Safety Administration (FMCSA) to revoke operating authority that is not renewed annually; revenue generated from the renewal fees will be dedicated to FMCSA’s oversight and enforcement of broker regulations
  • Establish strict guidelines on companies that provide brokers with surety bonds and on how they administer bonds
  • Clarify that trucking companies must have a broker’s or freight forwarder’s license and an appropriate bond in addition to their motor carrier operating authority to arrange freight for another carrier for compensation.

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