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Broker Transparency Proposal Still Waits at the White House, Six Years After Truckers Protested in Washington

An owner-operator sits at a truck stop booth reviewing a stack of paperwork beside a coffee cup, his white semi parked outside the window in the evening light
Illustration for this story. Not a photo of a specific location.

A proposal meant to give truckers a look at broker records is still waiting at the White House. FMCSA sent a supplemental notice of proposed rulemaking called "Transparency in Broker Transactions" to the White House Office of Management and Budget in August, and it has been more than two months since then, Land Line reported on Oct. 28.

What the issue is

Truckers went to Washington, D.C., in May 2020 to protest the lack of broker transparency in the industry. Federal regulation 371.3 requires brokers to keep records of each transaction, and each party to a transaction has the right to review the record. But brokers often get around the regulation by requiring waivers, or by telling truckers they must come to a physical office to see the records, Land Line said.

After the protest, and a petition from the Owner-Operator Independent Drivers Association, FMCSA took steps to strengthen the regulations, but "nothing has ever reached the finish line," according to Land Line.

Where the proposal stands

When the White House signs off, the proposal will be published in the Federal Register and a public comment period will begin. Until then, Land Line said, the details of how the agency plans to address the issue are not known. Land Line pointed to two signs that release could be near: FMCSA's regulatory agenda gave July as the target date, and the proposal is categorized as economically "nonsignificant," which often makes the review unnecessary. Those are signs, not a promise.

More rules on the horizon

Land Line noted that FMCSA has been quiet on rulemaking for several months. Administrator Derek Barrs said in March the agency planned to be aggressive in 2026. "We have around nine rules that I think we will try to push out this year," he said. Over the summer, FMCSA issued a final rule easing reporting requirements and a proposal to strengthen enforcement of English-language proficiency. FreightWaves reported on Oct. 26, according to Land Line, that FMCSA's Jesse Elison told an audience at the Future of Freight Festival that the agency would soon deliver several rules. Barrs also said Tuesday, Oct. 27, that the agency is working on a rule about training hours for new truck drivers.

Quick facts

Big Rig Daily has also covered the English proficiency rule, why Knight-Swift's brokerage carrier pool is down 70% and Landstar's approved carrier list and insurance claims.

A question for readers

Have you ever asked a broker for a copy of the transaction record, and what happened?

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An owner-operator sits at a truck stop booth reviewing a stack of paperwork beside a coffee cup, his white semi parked outside the window in the evening light

Sources