On June 16th, the Federal Motor Carrier Safety Administration (FMCSA) issued regulatory guidance clarifying the definitions of “broker” and “bona fide agents.” FMCSA issued the guidance in response to Congressional direction in the Bipartisan Infrastructure Law, and the Fiscal Year 2023 Appropriations Act. The guidance clarifies the definitions in the Code of Federal Regulations, with an eye toward efficiency and defining financial responsibilities. The final guidance is intended to provide freight brokers and entities operating as bona fide agents or dispatch services in the trucking industry with information needed to help make appropriate decisions for their operations. The guidance offers clarification for brokers, dispatch services, trade associations and other stakeholders across the trucking industry. The final guidance can be viewed in the Federal Register.
