FMCSA extends remark interval on upcoming rule to crack down on unscrupulous freight brokers

On Wednesday, the Federal Motor Service Security Administration (FMCSA) offered an replace on a forthcoming rule supposed to manage dealer and freight forwarder monetary duty.

The FMCSA introduced on Wednesday that the general public now has till April 6, 2023, to share their feedback on a Discover of Proposed Rule Making (NPRM) revealed on January 5.

The NPRM seeks to toughen up monetary safety guidelines to higher defend truckers from brokers who fail to pay.

The remark interval was beforehand scheduled to shut on March 5, however the FMCSA pushed the deadline again forward of a public listening session permitting feedback on this matter to be hosted by FMCSA at 10:00 a.m. on March 31, 2023, in Louisville, Kentucky, and held concurrently with the Mid America Trucking Present (MATS).

The NPRM that the FMCSA is contemplating appears to be like at modifications within the following 5 areas to extend monetary duty for brokers and freight forwarders:

1. Belongings available — The NPRM proposes permitting brokers or freight forwarders to satisfy the MAP-21 requirement to have “property available” by sustaining trusts that meet sure standards, together with that the property may be liquidated inside 7 calendar days of the occasion that triggers a fee from the belief, and that don’t comprise sure property as specified on this NPRM.
2. Instant suspension of dealer/freight forwarder working authority — The NPRM proposes that “obtainable monetary safety” falls under $75,000 when there’s a drawdown on the dealer or freight forwarder’s surety bond or belief fund. This may occur when a dealer or freight forwarder consents to a drawdown, or if the dealer or freight forwarder doesn’t reply to a sound discover of declare from the surety or belief supplier, inflicting the supplier to pay the declare, or if the declare towards the dealer or freight forwarder is transformed to a judgment and the surety or belief supplier pays the declare. FMCSA additionally proposes that, if a dealer or freight forwarder doesn’t replenish funds inside 7 enterprise days after discover by FMCSA, the company will problem a notification of suspension of working authority to the dealer or freight forwarder.
3. Surety or belief obligations in instances of dealer/freight forwarder monetary failure or insolvency — FMCSA proposes to outline “monetary failure or insolvency” as chapter submitting or State insolvency submitting. This proposal additionally requires that if the surety/trustee is notified of any insolvency of the dealer or freight forwarder, it should notify FMCSA and provoke cancelation of the monetary duty. As well as, FMCSA proposes to publish a discover of failure within the FMCSA Register instantly.
4. Enforcement authority — FMCSA proposes that to implement MAP-21’s requirement for suspension of a surety supplier’s authority, the company would first present discover of the suspension to the surety/belief fund supplier, adopted by 30 calendar days for the surety or belief fund supplier to reply earlier than a last Company determination is issued. The company additionally proposes so as to add penalties in 49 CFR half 386, appendix B, for violations of the brand new necessities.
5. Entities eligible to supply belief funds for type BMC-85 belief fund filings — FMCSA proposes to take away the rule permitting mortgage and finance corporations to function BMC-85 trustees.

Thus far, the FMCSA has acquired 55 public feedback on the NPRM.

Anybody wishing to attend the FMCSA hosted public listening session in Louisville, Kentucky, on the NPRM could click on right here to register.

You’ll be able to click on right here to depart a public remark.