Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Broker Financial Responsibility Rule Delayed

A year after the Federal Motor Carrier Safety Administration published a final rule on Broker and Freight Forwarder Financial Responsibility, the agency has extended the compliance date for some of the rule's provisions. Find out why.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
January 6, 2025
Broker Financial Responsibility Rule Delayed

The broker financial responsibility rule is designed to help prevent small motor carriers from getting stiffed by unscrupulous brokers.

Image: HDT Graphic

3 min to read


UPDATED: A year after the Federal Motor Carrier Safety Administration published a final rule on Broker and Freight Forwarder Financial Responsibility, the agency decided to extend the compliance date for some of its provisions.

As we originally reported, on Nov. 4, the agency published a proposal to extend the deadline for compliance with some of the rule’s requirements by a year, from the original deadline of January 16, 2025, to January 16, 2026. 

Ad Loading...

On Dec. 31, FMCSA published the final rule extending the deadlines.

The reason? FMCSA said its new online registration system will be used to accept filings and track notifications, and that system won’t be ready before then. The planned release for the new modernized registration system is 2025.

This functionality will not be added to its legacy systems. 

The agency created the rule on financial responsibility requirements for brokers and freight forwarders in an attempt to cut down on fraud and non-payment of motor carriers.

This extension will ensure that parties required to comply with the regulations have enough time to register in the new system and begin using it, according to the agency, and that FMCSA is able to properly process and respond to such filings. 

Ad Loading...

What Provisions of the Broker Financial Responsibility Rule Are Affected by the Delay?

1. Immediate suspension of broker/freight forwarder operating authority. When a broker or freight forwarder's available financial security falls below $75,000, FMCSA shall suspend its operating authority registration.

2. Surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency. If a surety/trustee becomes aware that a broker or freight forwarder is experiencing financial failure or insolvency, it must notify FMCSA and initiate cancelation of the financial responsibility.

3. Enforcement authority and penalties for financial responsibility providers who do not comply with the regulations. FMCSA is incorporating the penalties that are statutorily mandated into its regulations. After notice and an opportunity for a hearing, surety companies or financial institutions who violate 49 CFR 387.307 will be ineligible to provide financial responsibility for three years and may also be subject to a civil penalty.

Which Provisions Are Not Affected?

Two other provisions of the broker financial responsibility already weren't scheduled to kick in until 2026:

Assets being readily available to pay claims: In the Moving Ahead for Progress in the 21st Century Act (MAP-21), Congress mandated that broker/freight forwarder trust funds consist of “assets readily available to pay claims without resort to personal guarantees or collection of pledged accounts receivable.”

Ad Loading...

The final rule sets out a list of the acceptable asset types a BMC-85 trust may contain: cash, ILCs issued by a Federally insured depository institution, and Treasury bonds.

Entities eligible to provide trust funds for BMC-85 Filings: The new rule removes loan and finance companies from the list of providers eligible to serve as BMC-85 trustees. Loan and finance companies will now be prohibited from offering BMC-85 trusts unless they obtain certification to operate as another type of financial institution that remains on the list of eligible providers.

More Fleet Management

YouTube thumbnail with Scott Cornell, HDT Talks Trucking Logo, and the words, "Is Your Load Next?"
Safety & Complianceby Deborah LockridgeFebruary 20, 2026

The New Cargo Theft Playbook — And How Fleets Can Fight Back

Cargo theft has shifted from parking-lot break-ins to organized international schemes using double brokering, phishing, and even spoofing tracking signals. In this HDT Talks Trucking video podcast episode, cargo-theft investigator Scott Cornell explains what’s changed and what fleets need to do now.

Read More →
Daimler Truck North America Vice President David Carson
Fleet Managementby Jack RobertsFebruary 19, 2026

Capacity Overhang Begins to Clear, But Fleets Aren’t Ready to Spend 

Daimler Truck’s David Carson sees early signs of tightening capacity — yet buyers remain wary, extending trade cycles and resisting a pre-2027 emissions surge. 

Read More →
Map showing which states have bad freight bottlenecks
Fleet Managementby News/Media ReleaseFebruary 17, 2026

Chicago Interchange Overtakes Longstanding New Jersey Intersection as Worst Freight Bottleneck

The American Transportation Research Institute's annual analysis of truck speeds through congested interchanges yielded a new worst bottleneck this year.

Read More →
Ad Loading...
HDT Top 20 Products Award Logo
Fleet Managementby Deborah LockridgeFebruary 13, 2026

HDT Top 20 Products 2026: The New Tools, Technologies, and Ideas Shaping Trucking

From pricing intelligence and compliance tools to charging infrastructure, diagnostics, tires, and AI, HDT’s 2026 Top 20 Products recognize the new tools, technologies, and ideas heavy-duty trucking fleets are using to run their businesses.

Read More →
Geotab's Neil Cawse on stage during keynote at Geotab Connect 2026
Fleet Managementby Deborah LockridgeFebruary 12, 2026

Adapt or Die: Geotab’s Neil Cawse on AI’s Rapid Reinvention of Fleet Management

Artificial intelligence is evolving faster than fleets can keep up, and telematics must evolve with it, Cawse said during Geotab Connect. The future? A single AI coordinating every system — and leaders who know how to guide it.

Read More →
Illustration with question mark and graph illustrating uncertainty
Fleet Managementby StaffFebruary 12, 2026

After Three Years of Pressure, Motor Carriers and Brokers See Early Signs of a Turn

Survey data show carriers and brokers expect improving demand in 2026, even as rates lag and capital investment remains on hold.

Read More →
Ad Loading...
Photo of GO Focus Pro dashcam
Fleet Managementby News/Media ReleaseFebruary 11, 2026

Geotab Launches AI-Powered GO Focus Pro Dash Cam With 360-Degree Visibility

Geotab launches GO Focus Pro, an AI-powered 360-degree dash cam designed to reduce collisions, prevent fraud, and protect fleets from nuclear verdict risk.

Read More →
Knowledge Hub fleet intelligence system.
Fleet Managementby News/Media ReleaseFebruary 10, 2026

Augment Launches Freight-Native Knowledge Hub to Preserve Operational Know-How

Knowledge Hub is designed to turn scattered tribal knowledge into execution-ready intelligence and help logistics teams make faster, more consistent decisions.

Read More →
Avery Vise, FTR vice president of trucking.
Fleet Managementby News/Media ReleaseFebruary 10, 2026

FTR: Trucking Conditions Hit Four-Year High as Rates and Capacity Tighten

Improving freight rates and tighter capacity push FTR’s Trucking Conditions Index to its highest level in nearly four years.

Read More →
Ad Loading...
Quester fleet maintenance dashboard.
Fleet Managementby News/Media ReleaseFebruary 10, 2026

Questar Predictive Fleet Health Platform Now Available Through Geotab Marketplace

Quester’s AI-driven maintenance insights aim to help fleets reduce unplanned downtime, improve repair planning, and better understand the true cost of maintenance decisions.

Read More →