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.


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.
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.”
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.
“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

Truckload Rates Keep Rising as Tight Capacity Fuels Freight Market Recovery
Spot and contract rates continued climbing in May and June, not because freight demand is surging, but because fewer trucks and drivers are available.
Read More →
What Geotab's New AI Connector Means for Fleets
Fleets can now ask their usual AI assistants questions about maintenance, safety, fuel use, and vehicle performance, using their live Geotab data, and take action on the answers without leaving their preferred AI tool.
Read More →
New C.H. Robinson Tool Opens Door to More Predictable Freight
BidBoardX lets carriers search, bid on, and secure committed freight opportunities through a single digital marketplace.
Read More →
New York City's Microhub Project is Delivering Results
Trucking, last-mile delivery companies, and environmental advocates like what they are seeing so far with New York's microhub program.
Read More →
Why Truck Detention Keeps Costing Fleets Time and Money
A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.
Read More →
Time is Running Out to Apply for Exclusive HDT Event
Heavy Duty Trucking Exchange brings fleet managers and suppliers together for the deeper conversations that lead to ideas, partnerships, and solutions. Time is running out to apply for the September event.
Read More →
Amazon Launches Less-Than-Truckload Freight Offering for All Businesses
This launch is the latest addition to Amazon Supply Chain Services, a portfolio of supply chain capabilities from Amazon, including freight, distribution, fulfillment, and parcel shipping.
Read More →
Import Cargo Volume to See Year-Over-Year Gain Again in June, Then Remain Below 2025 Levels Into Fall
After July, the report predicts a weakening in import volume as consumer uncertainty remains high and the impact of increasing inflation takes its toll.
Read More →
AUCTION OF EQUITY INTEREST IN HEAVY HAUL TRUCKING COMPANY!!
Mark your calendar: June 30, 2026 (10:00 a.m. PDT). A 37.5% ownership interest in MagnaTrans, LLC, a California limited liability company doing business as Magna Transportation Group, will be sold in an in-person and online auction to the highest bidder or bidders under Article 9 of the Uniform Commercial Code. The Rancho Cucamonga-based heavy haul and over-dimensional trucking company operates across California, Oregon, and Arizona.
Read More →
Volvo Trucks Adds Unattended Over-the-Air Software Update Capabilities
The latest evolution of Volvo’s over-the-air update technology allows software updates to run while trucks are parked, helping fleets keep vehicles current without disrupting operations.
Read More →

