IST Update: FMCSA Asks Public for Comments on Rescinding 49 CFR § 371.3 and Issuing Regulatory Guidance on “Dispatch Services”

The Federal Motor Carrier Safety Administration (FCMSA) is requesting public comment on Transportation Intermediaries Association’s (TIA) petition for rulemaking to rescind 49 CFR 371.3 and the association’s request that the FMCSA issue regulatory guidance concerning “dispatch services.” The comment period will be open for 60 days from date of publication and will close on 1/25/2021.

Background:

Low rates make it incredibly difficult for too many truck drivers to cover their basic operating costs, creating an untenable situation for them and unsafe roads for all of us. While there is no simple solution to addressing low rates, Congress, the FMCSA, and those in the trucking industry, must strengthen - not weaken - existing transparency regulations relating to brokered loads.

Currently, brokers are required to maintain records related to transactions with motor carriers (see 49 CFR 371.3). Yet, this has not stopped brokers from exploiting the requirements laid out in 49 CFR 371.3 to deprive trucks of their ability to access information they are entitled to under the law. An oft-used approach by brokers is to require truck drivers to waive their right to the information that would be kept by the broker. While the truck drivers are generally reluctant, many are not in a financial position to turn down a load because of this caveat.

Instead of rescinding this important regulation, the Institute for Safer Trucking supports efforts to make 49 CFR 371.3 even more transparent. Truck drivers should be able to have these records delivered electronically to them upon completion of a transaction. This way, truck drivers can avoid working with brokers who inadequately compensate and instead earn better pay. Better pay will result in less pressure to engage in dangerous operations, like speeding, and more money to invest in safety technologies, like automatic emergency braking and dual facing cameras.

More information on this issue will be available on the Institute for Safer Trucking’s advocacy center.  

The Docket Number is  FMCSA-2020-0194