Originally published at: The Patrick and Barbara Kowalski Freight Brokers Safety Act: Good Hearts, Bad Outcomes - FreightWaves
Transportation attorney Matthew Leffler says that a new bill in Congress meant to hold freight brokers accountable has some issues.
I’ve driven a truck for 20 years. I’ve had very few DOT violations, but its usually tires. Its so easy to roll by a weigh station with a tire that picked up an object from the road over the course of 7 hours of driving.
Weigh stations can check the tire pressure as a truck rolls through. Even with a through pre-trip things can happen to tires (punctured, low air) and lights on a long trip and DOT violations can add up quickly in a single month in smaller companies. 3 violations in 5 years is absurd and obviously written by a person who has never been near a truck.
I don’t think it’s bad bill never been a fan of brokers with no asset skin in the game but they do provide a function. If you are are a legit broker you can vet the carriers on your approved carrier list. Check and balance that will need to done quarterly on the safety record that you hire to move your loads. My opinion if you go with a low baller on freight you are going to get what your paying for. The broker controls the load it’s their load so there has to be some accountability on thier part.
@Zud Spoken like a true truck driver who has very little business sense or atleast no sense of large scale operations. Im leased to a large o/o carrier (NOT Landstar) and a bill like this makes no sense. 3 DOT violations for a 2,000 truck company over the last five years? Asinine. Just more bureaucrats coming up with illogical ways to screw up this industry in the name of “safety”.
This will do nothing to make anything safer except allow brokers to figure out a way to take more $ from truck owners.
True, I drove I have my CDL still current for about 20 years now but don’t assume. I was Director of a Southeast Divison operation that averaged 800 loads per week with two terminals under my management. Also, I owned nine trucks that I leased out to drivers that signed on with pretty much the top 100 carriers that allowed it before the driver paid the trucks off and I got out it. It was a legal article not saying there won’t be hip ups but think it in the right direction.
I drove for 13 years under my own authority, 1.7 million safe miles without a citation or accident.
One issue no one said is what this would also do. It would force an Intermediary company to ACTUALLY list what they charged the customer. Which is something not a single 3PL would be willing to do. Congress was supposed to enact strict guidelines for forcing brokers to send the carrier the pricing charges. That went nowhere during the Pandemic. This, since the fine would be based on those charges. Would force those charges to be disclosed. Which, in turn would violate the FMCSA regulation holding Intermediary freight companies to their alloted 10% maximum. Which we all know they charge at minimum 12% to 33%. Giving a trucking company the ability to counter in a lawsuit for the violation of that regulation.
Also, every DOT officer I have ever met. Has an “open door” policy with regards to violations. Meaning, if they have to “open their door” to the patrol car. You’re getting wrote up for “something.” The ever catch all of… slack adjusted out of adjustment, air line chafing, or something… Just to prove they did theid 3 inspections a day minimum. In all my years, I was never written a fine. I was however cited for some minor paperwork or nonsense like I listed. If they want to find a way to fund the hoghway infrastructure besides tolls. Its very simple. If a car wants to drive on the STAA truck routes… Make them pay the same IFTA and HUT taxes forced upon the rest of us.