WASHINGTON — The deadline for complying with major provisions of a rule aimed at protecting trucking companies against unpaid claims from brokers will be pushed back a year despite strong opposition from owner-operators.
In a notice posted Monday, the Federal Motor Carrier Safety Administration confirmed it will extend the deadlines for three provisions in its Broker and Freight Forwarder Financial Responsibility rule. It gave the public 26 days to respond to the planned extension, which it proposed on Nov. 4.
The broker rule, which took effect in January of this year, contained five provisions: Two had a compliance deadline set for Jan. 16, 2026, and three had a compliance deadline of Jan. 16, 2025.
The three provisions that now also have January 2026 compliance deadlines are:
- Immediate suspension of broker/freight forwarder operating authority. When a broker or freight forwarder’s available financial security falls below $75,000, FMCSA will suspend its operating authority registration.
- Surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency. If a surety/trustee becomes aware that a broker or freight forwarder is experiencing financial failure or insolvency, it must notify FMCSA and initiate cancellation of the financial responsibility.
- Enforcement authority and penalties for financial responsibility providers that do not comply with the regulations. After notice and an opportunity for a hearing, surety companies or financial institutions that violate the regulation will be ineligible to provide financial responsibility for three years and may be subject to a civil penalty.
The reason for extending the compliance dates, the agency stated in November, is that its new registration system for monitoring motor carriers and freight brokers, which will replace the current Unified Registration System, is not expected to be available before Jan. 16, 2025.
“This extension would create a single compliance date for all provisions in the rule, allow FMCSA to implement the new online registration system for filers to use, and ensure that filers are familiar with the online registration system and able to perform all duties mandated by the rule prior to the compliance date,” FMCSA explained.
But representatives of owner-operators and small-business truckers, notably the National Owner Operators Association and the Owner-Operator Independent Drivers Association, warned that delaying the three provisions would continue to expose drivers to the financial risks of fraudulent or failing brokers.
“Extending the compliance date until 2026 would not only disadvantage those prepared for the original timeline but also impede the broader goals of transparency and accountability that this rule aims to achieve,” commented NOOA CEO Michael Boston.
“Congress enacted these policies over twelve years ago establishing new financial security requirements and oversight for brokers/freight forwarders,” commented OOIDA CEO Todd Spencer. “The agency should not waste any more time before they are put into practice.”
In response, FMCSA recognized that motor carriers “would prefer the immediate suspension provisions to take effect as originally scheduled because of the deterrent effect on brokers who fail to pay carriers and continue to accrue claims,” the agency stated.
But it also noted that the agency estimates the rule will affect less than 0.5% of property brokers each year, adding, “The effects of delaying compliance will therefore not be substantial across the transportation industry.”
The other two provisions contained in the broker financial responsibility rule, which were approved with a Jan. 16, 2026 compliance date, pertain to broker/freight forwarder trust funds.
Related articles:
Click for more FreightWaves articles by John Gallagher.
