Senate Bill Would Clarify and Increase Licensing and Security Requirements for Transportation Brokers and Freight Forwarders

Tuesday, July 20, 2010 by Transportation Lawyer

The Motor Carrier Protection Act of 2010 (Senate Bill S. 3483) was introduced and referred to the Senate Committee on Commerce, Science and Transportation on June 14, 2010.  If passed, Part 139 of Title 49 of the United States Code would be amended to add more regulation and oversight of transportation brokers and freight forwarders, with the purported goal of protecting smaller carriers from fraudulent or abusive brokers.

The bill imposes a number of new requirements on carriers, brokers and forwarders.  Among other things, the bill: 

  • Increases the broker bond from $10,000 to $100,000 and applies the bonding requirement to freight forwarders;
  • Clarifies that trucking companies must have broker authority or freight forwarder authority in addition to their motor carrier authority to arrange freight through another carrier for compensation; and 
  • Creates an annual operating authority renewal requirement for brokers and freight forwarders; and requires the FMCSA to revoke operating authority that is not renewed annually.

The full text of the bill can be viewed at:  http://www.govtrack.us/congress/billtext.xpd?bill=s111-3483.


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