Click Here To Comment On 371.3  You must comment before March 20th.

Please review the comments below and choose the one that best aligns with your views on (§ 371.3 Records to be kept by brokers), or use an AI generator to rewrite it in your own words. Then, post it in the comments. It’s crucial that we present our message clearly and effectively to ensure our voices are heard.

Comment 1 

For decades, brokers have effectively bypassed the regulations designed to protect carriers. Rather than placing the blame on a carrier's business acumen, it's important to recognize that regulatory neglect has allowed brokers to impose contracts that secure an unwarranted and damaging foothold in the trucking industry. These practices have systematically shifted risks and costs away from brokers and onto carriers—the very backbone and essential asset of the industry. In doing so, they’ve not only compromised the financial stability of carriers but have also distorted the market dynamics, making it increasingly challenging for carriers to operate profitably without absorbing undue burdens. 

 Comment 2

The FMCSA should disregard comments from non-compliant freight brokers or their representative agencies, especially those attempting to defend the damage their non-compliance has inflicted. Instead, I request that brokers be required to comply with regulations for a period of four years, without exception, and that the outcome be accepted as an inevitable intention of 371.3. This four-year enforcement period must come with uncompromising oversight and strict enforcement for proper data creation.

The FMCSA should disregard comments from non-compliant freight brokers and their allied agencies that condone the harm wrought by their own non-compliance. Instead, brokers should be compelled to adhere strictly to regulations for a mandatory four-year period, with every consequence of their actions fully accepted—and this period enforced without exception.

 Comment 3

The United States depends on a strong and viable trucking industry. Without it, the country cannot function. In contrast, if every freight broker ceased operations tomorrow, the economy would continue without significant harm. This reality underscores the importance of prioritizing the long-term stability of motor carriers when addressing this issue.

Freight brokers have long circumvented regulations by forcing waivers of key protections, undermining both the intent and effectiveness of existing laws. After decades of non-enforcement, their expectation that this lack of accountability should continue is not only unreasonable but deeply concerning. It is imperative that FMCSA upholds its responsibility and enforces 371.3 before considering any arguments from those who have long benefited from regulatory neglect.

This comment session exists because of the direct harm caused by broker non-compliance and FMCSA’s failure to enforce 371.3. I strongly urge immediate and strict enforcement, with tangible consequences, including the suspension of authority for those who fail to comply

 Comment 4

 As a motor carrier that has been directly harmed by the forced waiving of 371.3, I urge the FMCSA to make this regulation non-waivable and to enforce it strictly. Only through proper enforcement can the true intent of 371.3 be realized and its protections upheld.

 Comment 5

Every day, across this country, motor carriers are making difficult decisions that directly impact highway safety. They are forced to delay critical maintenance—postponing brake replacements, stretching the life of marginal tires, deferring necessary repairs like windshield replacements and oil pan gasket fixes—not because they want to, but because they simply cannot afford to make these safety investments.

This is not just a financial issue; it is a direct safety concern. The funds shippers pay for transportation services are not reaching the carriers who operate the trucks. Transportation dollars must be recognized as a critical component of highway safety. For carriers to operate safely and remain compliant, every mile must be profitable.

Today’s broker-dominated system extracts profits from trucking and redirects them to brokers—who bear little to no responsibility for highway safety. Brokers contribute nothing to the trucking industry’s financial sustainability, nor do they address the quality-of-life issues that impact drivers and, ultimately, road safety.

Brokers have gained this level of dominance by blatantly disregarding the very regulations designed to ensure a viable trucking industry. This cannot continue. The solution is simple: enforce 371.3. At this critical moment, enforcement is the only necessary step to fully evaluate its impact. Had the FMCSA upheld 371.3 over the last 30 years, we would not be facing these challenges today.

I strongly urge immediate enforcement of 371.3. Thank you.

Comment 6

The FMCSA has a duty to enforce 49 CFR 371.3 to ensure that brokers fulfill their legal obligation to provide financial transparency in freight transactions. This regulation was put in place to protect carriers from unethical practices, ensuring they have access to the financial details of the transactions they are an essential part of. Brokers, by law, are required to maintain and provide records that disclose the compensation they receive for their role in the transaction, yet they have blatantly ignored this requirement for years, exploiting carriers while pocketing exorbitant margins.

It is appalling that brokers not only refuse to comply with 371.3 but have the audacity to request that FMCSA turn a blind eye to its enforcement. Their actions demonstrate a complete disregard for the fair treatment of carriers, who shoulder the real burden of moving freight across this country. The FMCSA must take immediate action to hold brokers accountable and ensure that 371.3 is enforced as intended. Allowing brokers to continue violating this regulation sets a dangerous precedent, encouraging further abuse and deepening the divide between those who perform the actual work and those who manipulate the system for financial gain.

Comment 7

The blatant refusal of brokers to comply with 49 CFR 371.3 is nothing short of an attack on small trucking businesses. This regulation is designed to protect carriers from being misled or underpaid by ensuring they have access to accurate transaction records. Without enforcement, brokers are free to manipulate the numbers, skimming off excessive profits while drivers struggle to keep up with rising costs of fuel, insurance, and maintenance. Lack of transparency allows brokers to engage in price gouging, knowing that carriers have little recourse without access to legally required information.

For brokers to go as far as requesting that FMCSA ignore its own responsibility to enforce 371.3 is an insult to every hardworking carrier in the industry. The FMCSA must recognize that its inaction has emboldened brokers to continue exploiting carriers without fear of consequences. If FMCSA fails to act, it is complicit in the predatory behavior that has driven many small trucking businesses to the brink of collapse. Immediate enforcement of 371.3 is not just a request—it is a necessity for the survival of independent carriers and the fair operation of the freight industry.

Comment 8

The FMCSA’s primary role is to ensure a safe transportation industry, and part of that responsibility includes enforcing 49 CFR 371.3. This regulation exists to guarantee that brokers disclose their compensation, allowing carriers to verify they are being paid fairly. Without enforcement, brokers are free to hide behind unethical business practices, deliberately withholding critical financial information from the very people who make freight transportation possible. This lack of transparency has created an environment where carriers are consistently shortchanged, struggling to operate safely while brokers nanipulate the industry.

It is outrageous that brokers have the nerve to suggest that FMCSA simply ignore its obligation to enforce 371.3. This is not a gray area—371.3 is the law, and failure to enforce it is a direct violation of the FMCSA’s duty to highway safety. The agency must not bow to industry pressures that seek to keep carriers in the dark while brokers continue to exploit them. The FMCSA must take swift action to uphold the integrity of the freight industry by enforcing 371.3 and ensuring that all parties operate under the same legal standards.

Comment 9