The
Moving Ahead for Progress in the 21st Century Act, signed by
President Obama on July 6 of 2012, introduced a number of new regulations for auto transport brokers. The chief among them is raising the minimum broker bond from $10,000 to $75,000. The new provision goes in force on October 1, 2013, and has applied to all existing brokers retroactively. The BMC-84 Freight Broker Bond is paid for on an annual basis. The freight broker bond cost is figured as a percentage of the bond amount depending on • Credit of ownership (
credit score, age/status of any Public Records) • Years in Business • Financials • Experience Other rules include: • A license status review by the FMCSA every five years; the FMCSA also has the power to revoke a broker's license in case of unethical practices. • A 3-year relevant experience and certified training requirement to obtain a broker license, bringing auto shipping broker qualification requirements in line with the ocean shipping industry. • Tighter regulation of "interlining," the practice of freight carriers hiring other carriers to "perform all or part of the services the originating carrier is obliged" to provide. Now, carriers that contract all or part of the job to other carriers will need to procure separate broker authority from the government. A transport company will also be required to notify its customers what role (carrier, forwarder or broker) it plays at each stage of the transport job, as well as which USDOT body regulates the activity. has petitioned and lobbied against higher bond requirements when these have been proposed in the past, and has harshly criticized the new law. The
founder & president of AIPBA, James Lamb, has called the law a lobbyist-driven attempt to "eliminate small brokers from the market" and establish an
oligopoly that charges customers more and pays carriers less. The National Association for Minority Truckers (NAfMT) has also come out against the higher bond requirements. NAfMT CEO Kevin Reid called the $75,000 bond an "unreasonable barrier to entry for would-be entrepreneurs." He also spoke out against the new restrictions on owner-operators brokering out excess freight. The NAfMT has joined efforts by AIPBA to repeal the stricter surety requirements. Other industry associations have been supportive of the law. The Owner-Operator Independent Drivers Association (OOIDA), a group that represents independent trucking owner-operators, has been a key force behind the new regulations. While the final rules in MAP-21 fell short of the OOIDA's wishes, Todd Spencer, executive vice president of the organization, praised them as a "win-win" for truckers and legitimate brokers. The
Transportation Intermediaries Association (TIA), a major
third-party logistics trade organization, has also advocated for the new FMCSA regulations through its
lobbying arm TIAPAC as a way to protect motor carriers from both incompetent and unscrupulous brokers. TIA board member Ken Lund acknowledged that the new bond may be difficult for smaller brokers to pay, but defended it as "reasonably priced" and useful to prevent fraud. == See also ==