10/01/2023
2023 National Broker Reform Shutdown
The True Truckers News
The True Truckers News
The National Owner Operators Association (TNOOA) announced on September 2, 2023 they would be shutting down November 1, 2023 until further notice in an event dubbed “The Broker Reform Shutdown”.
“Small carriers make up 96% of the trucking industry. You NEED us! STOP TRYING TO BLEED US DRY!”
TNOOA has been calling for broker reform since March 6, 2023. Since then, they have made waves in Washington D.C., but not to the extent necessary to keep the supply chain alive in America. TNOOA has been stressing the importance of 49 CFR § 371.3 (records to be kept by brokers) during their time in Washington D.C., and last week, there was finally a meeting regarding the issue that seemed to be a light at the end of the tunnel.
While this was a very productive meeting, although it seems as though the FMCSA didn’t see it as such, as they have now pushed the ruling on broker transparency even further to October 31, 2024. This was supposed to be a meeting to make a final ruling on broker transparency. There are other organizations that have been fighting for this since 2020, including OOIDA and the SBTC. This is a long-standing issue that needs to be addressed as soon as possible. We cannot wait another year, we are being bled dry.
As stated in several of my previous articles, the average operating cost per mile in a standard dry van is $2.38. We are hardly seeing those numbers anymore. Trucks move an estimated 72% of freight in America by weight, and 96% of all trucking companies in America are small fleets. Food, lumber, household goods, medical supplies, etc., the list goes on and on. What would happen if the 96% couldn’t meet their operating costs anymore? What if the trucking industry went stagnant? What if our Nation’s supplies simply couldn’t be delivered anymore? Is that what it would take?
In lieu of recent events in Washington D.C. pertaining to the year-long delay of the ruling on broker transparency, The National Owner Operators Association has confirmed they will shut down November 1, 2023 until something is done to give truckers a fighting chance in the industry. Freight brokerages are pocketing hundreds, sometimes thousands per load, all while the driver absorbs the majority of the costs related to transporting the freight.
There is a clear evasion of our rights as truck drivers. Somehow, freight brokerages are refusing to produce the documents related to 49 CFR § 371.3, oftentimes going as far as to ‘blackball’ carriers for even requesting these documents. 49 CFR § 371.3(c) states “Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.” It is a violation of our rights as truck drivers to have this information denied to us. In a recent report, Werner refused to produce documentation under 49 CFR § 371.3. The owner reportedly asked for this information three times. Werner told the owner if he goes to the Department of Transportation or contacts a lawyer about the refusal, they will retaliate and put him on a Do Not Use (DNU) list.
Jennifer Chrestman, Director of the Collections Division for TNOOA said “In recent decisions made by the FMCSA, such as pushing the ruling on the enforcement of carrier benefitting laws like 49 CFR § 371.3 off for over a year, certainly, it is easy to see why it seems like the FMCSA is being led around by others less committed to the same cause, such as the TIA, leaving carriers to feel as if Forcing More Carriers to Shutdown their Authorities is a more accurate description of the current agenda of the FMCSA”.
These current practices in transportation are unjust, unreasonable and unacceptable.
To join The National Owner Operators Association in their fight to stabilize the trucking industry, visit their website here.www.TNOOA.com
