WASHINGTON — New legislation could significantly alter the operations of truck brokers by replacing voluntary safety checks with severe federal penalties for hiring “unsafe” motor carriers.
U.S. Rep. John Moolenaar, R-Mich., has introduced the Patrick and Barbara Kowalski Freight Brokers Safety Act, designed to enhance roadway safety by holding freight brokers directly responsible for the safety records of the trucking firms they engage.
The bill is named after Shannon Mertz’s parents, who lost their lives in an accident involving a trucking company with a history of safety violations.
“Companies like the one that caused my parents’ accident need to be held accountable,” said Mertz in a statement. “My family and I are grateful for Congressman Moolenaar’s commitment to preventing other families from enduring the pain we have experienced.”
Specifically, the proposed legislation would impose a 10% surcharge on contracts with trucking companies that have accumulated three or more Department of Transportation violations within a five-year span. It would also empower the Federal Motor Carrier Safety Administration to investigate freight brokers and enforce operational requirements following fatal accidents.
For brokers, this law signifies a potential federalization of safety accountability, which could fundamentally change how commercial freight is allocated and priced. Smaller brokers might find it challenging to meet the data-heavy requirements of tracking each carrier’s violation history over a rolling five-year period.
Brokers Push Back
The Transportation Intermediaries Association (TIA), representing freight brokers, has lobbied for almost ten years for standardized safety legislation to address the conflicting standards brokers encounter in court after highway incidents.
Reintroduced in September, the Motor Carrier Safety Selection Standard Act mandates that brokers and shippers only contract with trucking companies registered with FMCSA, possessing valid operating authority, and meeting minimum insurance requirements. It also instructs FMCSA to develop a public website showcasing compliant carriers.
While the TIA-supported legislation seeks to clarify the responsibilities of brokers in ensuring carrier safety, the Kowalski Act aims to hold brokers directly liable for the safety records of the companies they hire.
“Although Congressman Moolenaar’s legislation is well-intentioned, it puts freight brokers in a difficult position—effectively requiring them to oversee the motor carrier industry, thereby vastly increasing their exposure to legal claims nationwide,” TIA President and CEO Chris Burroughs stated. “Brokers cannot be expected to guarantee the safety of motor carriers when over 92% remain unrated, and the FMCSA has not reviewed compliance for most. Furthermore, data associated with the CSA [Compliance, Safety, Accountability] initiative has long been inconsistent, leading the FMCSA to suspend its use for the foreseeable future.”
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