Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Bill Would Set National Liability Standard for Shippers, Brokers

Several House Republicans are proposing a national standard to protect buyers of trucking services from claims that they were negligent when selecting the carrier. The bill by Rep. John Duncan, R-Tenn., says that shippers and brokers would not be liable for negligence claims at the state level if they made sure that the carrier is registered at the Federal Motor Carrier Safety Administration, has the required insurance and does not have an unsatisfactory safety rating.

Oliver Patton
Oliver PattonFormer Washington Editor
May 29, 2014
Bill Would Set National Liability Standard for Shippers, Brokers

 

3 min to read


Several House Republicans are proposing a national standard to protect buyers of trucking services from claims that they were negligent when selecting the carrier.

Ad Loading...

The bill by Rep. John Duncan, R-Tenn., says that shippers and brokers would not be liable for negligence claims at the state level if they made sure that the carrier is registered at the Federal Motor Carrier Safety Administration, has the required insurance and does not have an unsatisfactory safety rating.

Ad Loading...

Duncan is the vice chairman of the House Transportation and Infrastructure Committee and actively engaged in drafting that committee’s highway bill. He is joined on this bill, H.R. 4727, by Reps. Rodney Davis of Illinois and Erik Paulsen of Minnesota.

Robert Voltmann, president and CEO of the Transportation Intermediaries Association, said TIA helped draft the language and hopes to see it become part of the next highway bill.

He said the problem is that states are setting their own standards for liability when there should be a national interstate standard.

“Let’s say you are a shipper or broker in California,” he said. “You hire a motor carrier based in Ohio to move a load from Texas to New Jersey. What liability criteria should you use in selecting that carrier?”

“Tell me where the accident’s going to occur and then I’ll tell you what you should have done. There is no federal standard. It’s up to each state and state judge making those decisions. That’s not interstate commerce.”

Ad Loading...

Voltmann said it is FMCSA’s job to say whether or not a carrier is fit, in terms of safety, to do business.

The agency does make safety fitness determinations based on a compliance review, but it does not have the resources to perform compliance reviews on all carriers so many are not rated.

The CSA enforcement system, which measures carrier safety with data from roadside inspections and other sources besides compliance reviews, is intended to broaden the agency’s ability to rate carrier fitness. But FMCSA has not yet completed the rule that will link CSA data with safety fitness determinations. The initial proposal for that rule is scheduled to be published in December.

Voltmann is optimistic that this proposal will clarify the issue.

He said Rep. Duncan recognizes that transportation purchasers are at a disadvantage.

Ad Loading...

“Without a national standard, you don’t know until an accident has occurred and a lawsuit has been settled what the standard of care is in that district,” he said.

“We want the agency to tell us who is unsafe and we’ll stop using them,” he said. “And we want a national standard of care in selecting motor carriers.”

T&I Committee is supposed to report out a bill by this summer, before the current highway program expires at the end of September. But Capitol Hill insiders believe passage is not likely before the November mid-term elections, due to conflicts over how to pay for the measure.

More Fleet Management

ATA President Chris Spear.
Fleet Managementby Jack RobertsMarch 17, 2026

ATA’s Spear Warns Fuel Prices, Trade Policy, and Global Conflict Could Stall Trucking Recovery

Speaking at the TMC Annual Meeting in Nashville, ATA President Chris Spear said trucking faces mounting pressure from rising fuel prices, geopolitical instability, and uncertainty around trade policy.

Read More →
Illustration of author headshot with black-and-white old-fashioned rig in the background

New Entrants, Chameleon Carriers, and Safety: Is It Too Easy to Start a Trucking Company?

More than 100,000 new trucking companies enter the industry each year, but regulators manage to audit only a fraction of them. That churn creates opportunities for inexperienced startups — and for “chameleon carriers” that shut down after safety violations and reappear under new identities. Read more from Deborah Lockridge in this commentary.

Read More →
Panel discussion
Fleet Managementby Deborah LockridgeMarch 12, 2026

Fleet Managers Invited to Apply for Exclusive HDT Exchange Event

HDTX is an intimate event that connects heavy-duty trucking fleet managers with industry suppliers through small-group discussions, educational sessions, and structured one-on-one meetings.

Read More →
Ad Loading...
DAT iPhone Widget.
Fleet Managementby News/Media ReleaseMarch 12, 2026

DAT Launches iPhone Widget to Help Owner-Operators Find Loads Faster

New DAT One feature shows top-paying loads directly on an iPhone’s home screen, helping carriers react faster to spot-market opportunities.

Read More →
Optimal Dynamics Scale screen shot
Fleet Managementby News/Media ReleaseMarch 12, 2026

Optimal Dynamics Launches AI System to Help Carriers Choose Better Freight

Optimal Dynamics says its new Scale platform uses AI agents and optimization to help carriers find and secure freight that improves network balance and profitability.

Read More →
DAT March 2026 trucking conditions.
Fleet Managementby Jack RobertsMarch 12, 2026

DAT: Flatbed Demand Climbs as Van and Reefer Rates Soften

DAT Freight & Analytics data shows tightening flatbed capacity, easing produce markets, and softening van and reefer rates.

Read More →
Ad Loading...
YouTube thumbnail with Mike Roeth of NACFE saying "NACFE's Messy Middle: Which Fuel Wins?"
Fuel Smartsby Deborah LockridgeMarch 11, 2026

Run on Less “Messy Middle” Data Shows Multiple Paths Forward for Truck Powertrains [Watch]

NACFE's Run on Less - Messy Middle project demonstrates the power of data in helping to guide the future of alternative fuels and powertrains for heavy-duty trucks.

Read More →
Illustration of crowded New York street overlaid with dollar signs
Fleet Managementby Deborah LockridgeMarch 11, 2026

Federal Court Lets NYC Congestion Pricing Continue

A federal court ruling allows New York City’s congestion pricing program to continue, leaving truck tolls in place for fleets delivering into Manhattan.

Read More →
Fontaine Modification Access365
Fleet Managementby News/Media ReleaseMarch 10, 2026

Fontaine Modification Launches Real-Time Truck Modification Tracking Portal

Fontaine Modification has introduced a new customer portal designed to give fleets real-time visibility into the truck modification process, addressing one of the most common questions fleet managers face: “Where’s my truck?”

Read More →
Ad Loading...
FTR Tucking Conditions March 2026.
Fleet Managementby Jack RobertsMarch 10, 2026

FTR: Trucking Conditions Index Climbs to Highest Level Since 2022

Strong freight rates, rising volumes and tighter capacity push trucking conditions higher, though diesel prices could temper gains in the near term, FTR cautions.

Read More →