BREAKING NEWS for BROKERS!

Source: Kristen M.J. Johnson

‚ÄčThe Federal Motor Carrier Safety Administration is requesting comments by July 11, 2022 on the definition of a broker and of a bona fide agent. The Notice and Request for Comments, as well as the public comments posted to date, can be viewed on the Federal Register’s website, at:¬†https://www.federalregister.gov/documents/2022/06/10/2022-12574/definitions-of-broker-and-bona-fide-agents

Questions include:

  1. How should FMCSA determine whether a business is a broker?
  2. What are examples of a broker versus a non-broker?
  3. Does compensation make a difference as to whether someone is a broker?
  4. What is a “dispatch service”?
  5. Do dispatch services need licenses?
  6. What should FMCSA consider when determining if a dispatch service needs to obtain broker operating authority?
  7. If a dispatch service represents more than one carrier, does this in and of itself make it a broker operating without authority?
  8. When should a dispatch service be considered a bona fide agent?
  9. What role do bona fide agents play in the transportation of freight?
  10. Are electronic bulletin boards brokers?
  11. How has technology changed the nature of freight brokerage? How should this change regulations?
  12. Are there other business models/services that should be considered when clarifying the definition of broker?
  13. Other areas that need guidance by FMCSA?