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

Brian Antonellis, senior vice president, fleet operations, Fleet Advantage.
Fleet Managementby Jack RobertsApril 17, 2026

HDT Q&A: Brian Antonellis on the Growing Need to Replace Old Trucks

Fleet Advantage's Brian Antonellis says it's time for fleets to get back to the fundamentals of good maintenance practices. And that includes replacing older, inefficient equipment.

Read More →
Illustration of computer and mobile screens with load matching software superimposed over photo of an oversize load
Fleet Managementby News/Media ReleaseApril 17, 2026

Truckstop.com Adding to Open Deck, Heavy Haul Offerings

Load matching for flatbed, lowbed, oversize and overweight loads can't be automated like basic van freight, but Truckstop.com is adding more high-tech tools to help.

Read More →
Trucker Path, Truckstop.com partnership expands.
Fleet Managementby News/Media ReleaseApril 14, 2026

Trucker Path, Truckstop.com Expand Load Access Partnership

An expanded Trucker Path and Truckstop.com integration brings more freight opportunities into the TruckLoads app while emphasizing security and network quality.

Read More →
Ad Loading...
DAT TVI March 2026.
Fleet Managementby News/Media ReleaseApril 14, 2026

Truckload Rates Hit Two-Year Highs as Diesel Costs Surge, DAT Says

Strong March freight demand combined with a spike in fuel costs pushed both spot and contract truckload rates to their highest levels in more than two years.

Read More →
Cloud computing concept background with human and robot hands concept
Fleet ManagementApril 14, 2026

The AI Conversation You Need to Have with Your TMS Provider

Everyone’s talking about AI — but is your transportation management system actually built for it?

Read More →
Sharp Transportation tractor-trailer
Fleet Managementby News/Media ReleaseApril 14, 2026

Kriska Buys Fellow Canadian Carrier Sharp Transportation Systems

Being part of KTG will allow Sharp to expand and improve its services.

Read More →
Ad Loading...
Illustration with stacks of money and a shattered car windshield
Fleet Managementby Deborah LockridgeApril 13, 2026

Bill in House Would Raise Minimum Insurance for Motor Carriers to $5 Million

The Fair Compensation for Truck Crash Victims Act would increase insurance requirements for interstate motor carriers by nearly seven times.

Read More →
FTR market report for February 2026.
Fleet Managementby News/Media ReleaseApril 10, 2026

FTR Trucking Conditions Index Hits Four-Year High in February

Strong freight rates push TCI to 10.2, but FTR expects fuel-price volatility to skew March results.

Read More →
C.H. Robinson intermodal.

C.H. Robinson Offers Carriers Relief as Diesel Prices Surge

C.H. Robinson is waiving fees on fuel cards and cash advances for April and May, aiming to help carriers offset rising diesel costs tied to geopolitical instability.

Read More →
Ad Loading...
Fleet Managementby StaffApril 8, 2026

What Trucking Events are Happening in 2026?

Looking for trucking-related conventions, expos, and other events? Heavy Duty Trucking has developed this list of national and larger regional trucking shows and events.

Read More →