Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Bill Would Set Carrier Selection Standards for Brokers

A Senate bill aims to put in place a national “safety fitness” standard for shippers and brokers to use in selecting motor carriers, providing a standard in face of negligent-hiring claims.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
July 28, 2023
Bill Would Set Carrier Selection Standards for Brokers

Legislation would require the DOT to set a safety selection standard for those contracting with motor carriers.

Image: HDT/Canva

5 min to read


Once again, a bill in Congress proposes to give brokers and third-party logistics providers a “national standard” for due diligence in selecting motor carriers and help shield them from negligent-hiring claims.

Sen. Deb Fischer (R-Neb.), a member of the Senate Commerce Committee, and Sen. Mike Crapo (R-Idaho) introduced the Motor Carrier Safety Selection Standard Act.

Ad Loading...

The bill would require the U.S. Department of Transportation to establish a national “safety fitness determination” standard for shippers and brokers to use to ensure trucking companies are licensed, registered, and insured.

The proposed standard would require that motor carriers:

  • Be registered with the Federal Motor Carrier Safety Administration.

  • Meet at least the minimum insurance requirement.

  • Not have an unsatisfactory safety rating.

Ad Loading...

If this standard is followed, a 3PL would be considered to have selected a carrier in “a reasonable and prudent manner.”

The bill also sets interim requirements to help ensure shippers and manufacturers hire safe, reliable drivers that are properly licensed, registered and insured, according to Crapo.

Similar legislation was introduced in February in the House of Representatives by Rep. Mike Gallagher (R-Wisconsin).

Why do Brokers Want a National Standard?

The Transportation Intermediaries Association, which represents brokers and other third-party logistics providers, praised the bill, as did megabroker C.H. Robinson.

“Without a clear federal standard, the result is a confusing patchwork of standards that threaten the nation’s economy and public safety,” said Ben Campbell, chief legal officer of C.H. Robinson.

Ad Loading...

“Some companies have already begun excluding motor carriers from their logistics networks based on their own assessment of who is ‘safe’ and who is not,” he explained in a news release. “This harms small carriers with five trucks or fewer who make up 90% of the market.

“Congress established the Federal Motor Carrier Safety Administration and their trained safety experts to keep the motoring public safe. With this bill, Senator Fischer will improve safety and increase access to freight for small motor carriers, which will improve the nation’s supply chains.”

It’s not the first time bills to set such a standard have been introduced since a 2012 $5 million jury verdict that may have been the first punitive damages verdict against a transportation broker in a case involving a negligent hiring claim.

It that case, it was shown in court that the motor carrier did not have insurance or operating authority when the broker tendered the load.

The Truck Safety Coalition has opposed previous efforts, saying such a law is designed to shield third-party logistics providers and brokers from liability and that it would “dramatically reduce and redefine the standard of reasonable care 3PLs must exercise in their selection of motor carriers.”

Ad Loading...

Motor Carrier Safety Selection Standard Act of 2023

The Senate bill calls for the DOT to promulgate regulations to revise the methodology for issuance of motor carrier safety fitness determinations. In promulgating the regulations, the bill says, the transportation secretary “shall consider the use of all available data to determine the fitness of a motor carrier.”

The new regulation, the bill says, must provide a procedure to determine whether a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce.

The bill wants the rule to provide protection for shippers from negligence claims, providing a procedure where a shipper (or broker) would be considered “reasonable and prudent” in the selection of the motor carrier.

House Version

The House version, H.R. 915, also called the Motor Carrier Safety Selection Standard Act, establishes a standard of care for the selection of brokers and other entities that contract with motor carriers.

Like the Senate bill, the House bill would require brokers to verify that a motor carrier is properly registered with the FMCSA, has obtained the minimum required insurance coverage; and is not determined unfit to safely operate commercial motor vehicles, or otherwise ordered to discontinue operations by the Federal Motor Carrier Safety Administration or a state.

Ad Loading...

It also calls for the DOT to prescribe a process for revoking the registration of an owner or operator determined unfit to safely operate a commercial motor vehicle.

“When manufacturers select trucking companies to ship their products, they are left without any standard to ensure those trucks are safe or fit to be on the road,” said sponsor said Rep. Mike Gallagher in introducing the House bill. “The lack of a data-driven method to help manufacturers pick the best carriers has led to hundreds of thousands of accidents on roads and highways.

“This bill directs the Department of Transportation to establish a safety rating process for trucking companies and sets an interim standard to ensure manufacturers work with reliable trucking companies that are fully authorized, licensed, and insured."

In May, it was ordered to be reported out of committee by the Committee on Transportation and Infrastructure but has not moved since.

Safety Fitness Determination

Potentially complicating matters is that FMCSA has been working on developing new safety fitness procedures for some time that would be more data-driven.

Ad Loading...

Ever since CSA was implemented, the goal was to tie that data into how FMCSA determines a motor carrier’s safety fitness rating, but the agency is still only using it to identify carriers for audits.

The agency is currently in the “pre-rule” stage of the federal rulemaking process, “seeking information on how the agency might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation's roadways.”

FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate. The agency would also seek public input on possible changes to the current three-tier safety fitness rating structure. The action would also include a review of the list of Federal Motor Carrier Safety Regulations (FMCSRs) that the FMCSA uses in its current safety fitness rating methodology. 

Last fall, officials expected an advance notice of proposed rulemaking to be issued early in 2023.

A previous attempt was abandoned in 2017. At that time the agency was looking to use data from its CSA program in determining safety fitness, but many in the trucking industry said the government needed to fix problems with CSA first.

More Safety & Compliance

Illustration of rising costs with truck in background

Truck Crash Rates Are Down. So Why Do Insurance Costs Keep Rising?

ATRI’s latest research points to litigation, social inflation, and soaring claims costs as key drivers behind record-high liability premiums for trucking fleets. But there are things motor carriers can do.

Read More →
Safety & ComplianceMay 20, 2026

FMCSA Removes More Than a Dozen ELDs from Registered List

The FMCSA continues its efforts to fight electronic logging devices that don't meet federal requirements, removing more than a dozen from the registered ELD list in May.

Read More →
SCOTUS trucking broker verdict.
Safety & Complianceby Jack RobertsMay 19, 2026

How the Supreme Court Broker Liability Ruling Could Reshape Trucking’s Safety Landscape

The Supreme Court’s May 11 broker-liability ruling may not radically rewrite transportation law overnight. But industry experts say it will intensify pressure on brokers, carriers, and shippers to prove they are prioritizing safety.

Read More →
Ad Loading...

Recall of Fontaine Fusion Flatbeds Warns Owners Not to Use the Trailers

Some Fontaine Fusion flatbed trailer manufactured between February 2025, and March 2026 could have mainbeams weakened by hydrogen embrittlement because of a problem in the galvanizing process.

Read More →
Graphic with light bulbs, HDT Truck Fleet Innovators logo, and the word Nominations
Fleet ManagementMay 15, 2026

Deadline Extended for HDT Truck Fleet Innovators Nominations

Heavy Duty Trucking has extended the deadline for nominations for its Truck Fleet Innovators awards. The deadline has been extended to May 22.

Read More →
Illustration of U.S. Supreme Court building and a truck crash

Supreme Court Ruling Puts Freight Broker Vetting Practices in Spotlight

The unanimous SCOTUS ruling in the closely watched Montgomery v. Caribe case allows state negligence claims against freight brokers that hire unsafe motor carriers, raising new liability and vetting concerns among brokers.

Read More →
Ad Loading...
YouTube thumbnail illustration

The Truck Safety Tech K&B Transportation Says Is Making a Difference [Watch]

Can technology help prevent truck crashes? In this HDT Talks Trucking Short Takes episode, K&B Transportation explains how it’s using cameras, speed management tools, cellphone-blocking technology, and other systems to improve safety and reduce risk across its fleet.

Read More →
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Mobile tablet showing Motus screen against highway background with Motus logo

FMCSA’s Motus System Is Coming. What Fleets Need to Know Now

FMCSA's long-awaited registration system promises a single portal — and tighter fraud controls. And there are steps you need to take by May 14.

Read More →
Ad Loading...
Winter pileup accidents.
Disaster Responseby Jack RobertsApril 30, 2026

Avoiding Winter Pileups: Don’t Become the Next Link in the Crash-Chain

Winter roadway “pileups” aren’t one crash — they’re a chain reaction. Here’s what triggers them, how truck drivers can spot the danger early, and what to do if you're suddenly trapped in the mess.

Read More →