U.S. Lawmakers Propose National Standard For Freight Brokers To Follow When Selecting Motor Carriers To Transport Loads

Earlier this year the U.S. House of Representatives introduced the Motor Carrier Safety Selection Standard Act (H.R. 915), which would provide freight brokers with a national standard to follow for selecting and hiring motor carriers. Such a standard would presumably assist freight brokers in defending against claims of negligent selection and hiring that seem to accompany every lawsuit involving a brokered load.

The House’s proposed safety selection standard provides that, if freight brokers confirm the following within 45 days of a shipment, they will be considered to have selected that motor carrier in a “reasonable and prudent manner:”

• The motor carrier is properly registered with the Department of Transportation,
• The motor carrier has at least minimum required insurance coverage, and
• The motor carrier is not found unfit to safely operate commercial motor vehicles or otherwise unauthorized by the Federal Motor Carrier Safety Administration (FMCSA) or a state.

The House bill is currently before the Committee on Transportation and Infrastructure for further consideration.

The U.S. Senate also recently introduced S.B. 2426 seeking to “establish a national motor carrier safety selection standard for entities that contract with certain motor carriers to transport goods.” The Senate’s bill mirrors H.B. 915, but expressly provides that “[f]or any claim of negligent selection of a motor carrier against a [freight broker]…, the [freight broker] shall be considered reasonable and prudent in the selection of that [motor carrier]” if it follows the above-standards set out by the House.

If passed and signed into law, these bills would provide a uniform and clear selection standard for freight brokers to follow that could very well eliminate claims of negligent selection and hiring of motor carriers. Though these bills are in the early stages of the legislative process, we will continue to monitor their progress and provide updates along the way.

Please contact Rob Boroff or Devin Bembnister if you have any questions.