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