Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

How a Proposed Rule for Brokers Would Impact Trucking

The FMCSA has proposed a rule to enhance the financial security requirements for freight brokers and forwarders. Here’s what it could mean.

by Robin Kix, Lance Surety Bonds
April 10, 2023
How a Proposed Rule for Brokers Would Impact Trucking

The FMCSA has proposed a rule to enhance the financial security requirements for freight brokers and forwarders.

Photo: CARB

4 min to read


Earlier this year, the Federal Motor Carrier Safety Administration published a proposed rule that would expand the financial security requirements for freight brokers and forwarders, as well as increase penalties if those parties fail to comply with provisions. The rule impacts bonds or trusts that are required to provide financial security to trucking carriers and shippers. 

Ad Loading...

This rule would fall under the Moving Ahead for Progress in the 21st Century Act (MAP-21), a 2012 law that increased the financial security requirement for freight brokers and established a financial security requirement for freight forwarders for the first time. 

Ad Loading...

How Existing Financial Security Requirements for Freight Brokers and Forwarders Work 

Under existing rules, freight brokers and freight forwarders must provide evidence of financial responsibility before they can obtain operating licenses. They must either post a $75,000 BMC-84 bond or deposit $75,000 in a BMC-85 trust. Since this is a condition of licensing, prospective brokers and forwarders can't obtain licenses without first either posting a bond or opening a $75,000 BMC-85 trust. Brokers and forwarders must also maintain their surety bonds or trusts and renew them every year to keep their licenses in good standing. 

Most freight brokers and forwarders opt to post $75,000 BMC-84 bonds instead of opening trusts. This is because depositing $75,000 in a trust means that the broker or forwarder won't be able to access the funds to use for other operating needs. With a bond, they can instead post a small percentage of the required amount based on their credit standing and financial stability. 

If brokers or forwarders allow their bonds to lapse, their operating licenses will be suspended. The bond or trust is required to provide financial security to the shippers and carriers that do business with the brokers and forwarders. If a forwarder or broker violates the law or engages in misconduct, a carrier that suffers losses can file a claim against the broker’s or forwarder's BMC-85 trust or BMC-84 bond to recover compensation up to the maximum amount of $75,000. 

Bond claims are investigated and validated before they are paid. If a surety determines a claim is valid, the surety will pay it. However, the bondholder will be required to repay the surety in full for a validated bond claim because of an indemnity agreement. If they fail to pay a bond claim, the surety can pursue legal action against them and recover both the claim amount and any legal fees incurred.  

Brokers and forwarders are supposed to reimburse BMC-85 trusts to bring them back up to $75,000 following valid claims. While reimbursing a surety company or a trust for paid claims is required, some brokers and forwarders fail to do so on a timely basis. 

Ad Loading...

The existing rules also cover how claims against brokers that exceed $75,000 are handled. In those situations, the surety typically files an interpleader action in court to have the funds from the bond allocated between the claimants. This process can be time-consuming and costly for trucking carriers. 

The proposed rule would make changes to address these problems. 

How the Proposed Rule Would Change Financial Security Requirements 

The new rule would require: 

  • brokers and forwarders to immediately repay surety companies or replenish the funds in their BMC-85 trusts following valid bond claims.  
  • freight brokers and forwarders to repay surety companies that pay claims within seven days to bring their available financial security back to $75,000.  
  • those that have BMC-85 trusts to deposit money into the trusts to bring them back to $75,000 within seven days of a paid claim. 

According to the FMCSA, brokers and forwarders that fail to maintain $75,000 in financial security would have their operating licenses suspended if they don't bring their security levels back up to $75,000 within seven days following a drawdown.  

Ad Loading...

While some surety companies allow brokers and forwarders to repay paid claims through payments over time, the proposed rule would mandate repayment within seven days. If they don't do so, their operating licenses would be suspended, meaning they would have to cease operations immediately until they could repay the claim amount to the surety or trust in full. 

This proposed rule would also potentially eliminate the need for the interpleader process when multiple claims are filed by different parties against a single broker. Since the broker would have to immediately replenish the funds for the surety bond or trust account, the newly deposited funds could then be used to cover additional claims when they total more than $75,000 in aggregate. As each claim is paid, the broker would then have to deposit additional amounts or re-up their bonds to cover other valid claims. 

What’s Next? 

The proposed rule is currently going through the rulemaking process based on an analysis of comments from stakeholders on the proposal, and it could be modified before becoming a final rule. 

If the rule as outlined in the proposal is made permanent, it will incentivize freight brokers and forwarders to avoid bond claims by ensuring they comply with the laws, regulations, and contractual obligations that apply to them. 

This article was authored and edited according to HDT guidelines to best serve our readers. 

About the Author 

Robin Kix is the renewal department manager for surety bond agency Lance Surety Bonds. Kix joined Lance Surety in 2014 and has helped thousands of businesses throughout the nation remain compliant at the federal, state and local level. She has significant experience supporting commercial bond lines, particularly in the transportation industry. 

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 →