OOIDA calls for that FMCSA present an replace on dealer transparency petition

The Proprietor-Operator Impartial Drivers Affiliation (OOIDA) is asking the Federal Motor Service Security Administration (FMCSA) to clarify why there was little motion over the previous two years on a preferred petition asking for elevated safety for truckers in opposition to unscrupulous freight brokers.

In a September 28 letter to new FMCSA Administrator Robin Hutcheson, OOIDA President and CEO Todd Spencer requires the company to offer an replace on a dealer transparency petition filed in Might 2020.

Within the petition, OOIDA requests that FMCSA require brokers to offer an digital copy of every transaction file routinely inside 48 hours after the contractual service has been accomplished, and to ban explicitly brokers from together with any provision of their contracts that requires a motor provider to waive its rights to entry the transaction data.

The petition requested FMCSA to work to shut loopholes within the current rule 49 CFR § 371.3 which requires brokers to maintain data of transactions with motor carriers and grants every social gathering concerned within the transaction the precise to assessment the data. At the moment OOIDA says that many carriers signal contracts with brokers that waive Half 371.3 necessities as a result of doing so is a prevalent business observe. Moreover, many brokers who do technically present transaction data set up hurdles in order that carriers will seemingly by no means handle to truly see the data.

“OOIDA’s suggestions to improve compliance with [49 CFR § 371.3] should not makes an attempt to regulate charges or impose burdensome necessities, however would merely be sure that motor carriers have entry to paperwork they’ve the precise to view,” Spencer stated.

Since OOIDA filed the petition within the spring of 2020, the FMCSA has held listening periods and accepted public touch upon damaged transparency points, however the company has not supplied any replace on the petition for the reason that public remark interval ended.

Spencer stated that greater than 1500 public feedback had been obtained on petitions associated to freight dealer transparency.

Spencer concluded:

For truckers who took the time to file feedback and share their expertise, it’s irritating when they really feel as if their voices aren’t being heard or correctly thought-about. Particularly with regard to an concern involving transparency, FMCSA’s lack of public progress additional undermines carriers’ confidence in a system that’s supposed to guard them and be conscious of their reputable and appropriately expressed considerations.

Listening to our members, we all know that enhancing dealer transparency stays a prime precedence for small-business motor carriers. Whereas their considerations could intensify throughout tougher financial occasions, there may be fixed frustration brought on by brokers skirting federal transparency necessities with out recourse. As situations within the trucking business change, and extra carriers face challenges, we are able to guarantee you that FMCSA and others within the federal authorities will proceed to listen to in regards to the lack of dealer transparency from small-business truckers.

For 3 weeks in Might 2020, a bunch of truckers protested on Structure Avenue in Washington D.C. asking for aid from plummeting freight charges and unfair dealer practices. Their message made its means all the best way to then-President Trump, who Tweeted in help of truckers and went as far as to say that truckers are being “value gouged” by brokers.

The Washington D.C. protest actions ended shortly after trucking representatives Mike Landis and Sergey “C.J.” Karman met with Mullen and White Home Chief of Employees Mark Meadows on the White Home to ask for elevated dealer transparency. 

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