SBTC Releases Template for Drivers & Carriers to Use as Comment on the Broker Rate Transparency Rulemaking. Visit: FreightBrokerTransparencyNow.com
James Lamb
Executive Director, Small Business in Transportation Coalition (SBTC) @JimLambUSA
Dear Drivers and Motor Carriers:
Please visit www.FreightBrokerTransparencyNow.com.
The FMCSA comment period for Broker Rate Transparency Rulemaking is NOW OPEN.
All you really need to say is:
**********
The move toward rate transparency being a "duty" of broker means nothing unless FMCSA also says brokers cannot waive their new regulatory duty without such a waiver constituting "evasion of regulation" in furtherance of "unreasonable restraint of trade" in violation of the Sherman Antitrust Act. Without expressly prohibiting such contractual waivers, FMCSA is allowing brokers to continue to evade regulation and deregulate themselves. The status quo remains. While Congress has explicitly allowed shippers and carriers to agree to waive certain requirements, Congress has not passed a law allowing the same for brokers. FMCSA already knows this and they have determined brokers are NOT shippers. FMCSA is therefore misguided in their logic and has this backwards. There does not have to be a law specifically prohibiting brokers from waiving because there already is a general law called Evasion of Regulation. There would need to be a law allowing brokers to waive, and no such law exists.
**********
You can copy, cut, and paste the statement above into your comment.
#FreightBrokerTransparency
Logistic Consultant, Freight broker and freight agent trainer
5 天前James, I have a question for you. Freight brokers have a lot of expenses surety bond load boards TMS programs we spend hours call calling customers, low competitive rates, contacting Drivers, tracking, and following up on Drivers. Rate confirmations BOLs. so exactly how much are you wanting us to make on a load to be able to cover our expenses? You may be looking at it as a per load business. We are looking at it as an overall business so are you wanting us to make $100 per load $200 per load to be able to cover our overall expenses, what is it that you’re wanting us to make as far as the transparency issue goes do you think that we could actually operate our business if the customer paid us $1000 and we paid the driver 950 what do you think of $50 profit? Should we Close our brokerages? Just wanted to get some opinions on how much you think it takes to operate a brokerage.