Broker loads & FMCSA
It is about time that something was done about the lack of transparency between brokers and carriers and the truck driver, We cannot stress enough how many times we have sent complaints into the FMCSA about this issue, and we continue to do so until it is rectified.
We cannot tell you how many times we have asked for the billed-out freight bill or the GBL with line 20 not being blackened out so that the truck drivers can see transparency and validate his or her income and also to see if they want to even haul the shipment, Under the truth and federal leasing laws 376.11 the driver is to receive a copy generated statement and or the billed freight bill (key-word, Must be one of the same) so if money is coming off the top of the billed out shipments, the lack of transparency is non-existent.
We ask that all carriers, brokers provide drivers with full enclosure to all charges to validate his or her income upon getting paid, we have proof that the brokers and carriers have been not transparent for many years, we will also ask the FMCSA that in the event that a trucking company is not transparent that they are fined per each occurrence and that shall be no waivers between the carrier and the brokers.
& 371.3 current law states:
- The name and address of the consignor
- The name and address of the originated Motor Carrier.
- The amount of compensation received by the Broker for the Brokerage service performed.
- The Bill of Lading or Freight bill number
- A description of any non-Brokerage Service performed in connection with each shipment or other activity, the amount of compensation received for the service and the name of the payer, and the amount of the freight charges collected by the broker and the date of payment to the carrier.
- Brokers must keep all records for three years.
- Each party to a brokerage transaction has the right to review the record of the transaction required to be kept by these rules.
Many carriers like United Van Lines, Charter, Denali, Tmm, tier-one, Atlas, Allied Van Lines, many other carriers do not provide drivers with transparency of discounts, the amount they are collecting from the customer, whether COD, Account, or military shipments
We are sure there are many other carriers and trucking companies that all hide this from the truck driver.
FMCSA, the main problem is no trucking company provides a copy of the billed freight bill to the driver to validate his or her income upon getting paid, per Title 49 CFR 376.12 So there again is a lack of transparency. The shortage during the start of the pandemic is mainly the carriers and brokers fault because drivers would not haul cheap loads or the information of the estimate in full was hidden from the driver.
Here is what we propose:
- All billed freight bills are provided to the driver per C.F.R 376.11
- All estimates, either civilian or military shipments, with nothing blackened out must be presented to the driver, before accepting the load.
- No waivers from brokers to carriers allowed under any circumstances.
- Failure to provide any of these documents to drivers will result in fines that will be due to the driver and FMCSA on a 50 percent split.
Thank You FMCSA, we wait your response. Reference number