FMCSA Extends Comment Period on Rate Transparency Petitions

Last week the Federal Motor Carrier Safety Administration (FMCSA) announced that it was extending the comment period on the Owner-Operators Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition’s (SBTC) petitions to the Agency asking for strict rate transparency regulations until November 18, 2020.

On August 19, 2020, FMCSA published a notice requesting public comments on the petitions for rulemaking to amend certain requirements for property brokers submitted by the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC). OOIDA requests that FMCSA require property brokers to provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed, and prohibit brokers explicitly from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records. SBTC requests that FMCSA prohibit brokers from coercing or otherwise requiring parties to brokers' transactions to waive their right to review the record of the transaction as a condition for doing business. SBTC also requests that FMCSA adopt regulatory language indicating that brokers' contracts may not include a stipulation or clause exempting the broker from having to comply with the transparency requirement.

The original notice set October 19, 2020 as the deadline by which comments should be submitted to the public docket, but as mentioned this was extended to November 18 in order to give the public more time to develop comments. There is also a public listening session scheduled for October 28, where TIA will be speaking on the topic in opposition to rate transparency.

If you have any questions, please contact advocacy@tianet.org.