WASHINGTON — A Federal Motor Carrier Safety Administration (FMCSA) rule cracking down on freight brokers and forwarders who fail to pay carriers is now in effect.
According to FMCSA, The Broker and Freight Forwarder Financial Responsibility rule amendment was created to better protect motor carriers from instances of nonpayment by brokers and freight forwarders.
“As of January 16, 2026, if the available financial security falls below $75,000 and the broker or freight forwarder does not replenish funds within seven business days of the notice from FMCSA, the Agency will issue a notification of suspension of operating authority to the broker or freight forwarder,” FMCSA said.
Rule Modifications
The rule modifies five regulatory areas relating to broker and freight forwarder financial responsibility:
- Immediate suspension of broker or freight forwarder operating authority.
- Surety or trust provider responsibilities in cases of broker or freight forwarder financial failure or
insolvency. - Enforcement authority — suspension of surety or trust provider’s authority.
- Assets readily available.
- Entities eligible to provide trust funds for brokers and freight forwarders for BMC-85 filings.
Owner-Operator Independent Drivers Association (OOIDA)
“OOIDA welcomes FMCSA’s Final Rule on Broker and Freight Forwarder Financial Responsibility,” said Todd Spencer, OOIDA president. “This is a step forward that helps make sure truckers get paid what they’re owed on time in cases of theft, damage, and insolvency. Most importantly, the rule requires FMCSA to suspend brokers who do not maintain the minimum $75,000 bond. This will assist carriers in determining if a broker has legitimate finances before hauling a load. OOIDA has fought for these changes for nearly 15 years, and today marks progress in holding bad brokers accountable. However, this rule alone does not solve the problem, and we will continue fighting for more reforms until truckers no longer have to pay the price for broker misconduct.”
For a more detailed breakdown of the new rule, click here.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
