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FMCSA Grapples With Expanded Broker Liability After Supreme Court Ruling

CLEVELAND — A top Federal Motor Carrier Safety Administration official acknowledged Wednesday that the Supreme Court's Montgomery decision fundamentally alters the agency's relationship with freight brokers, despite initial insistence otherwise.

FMCSA Deputy Administrator Jesse Elison said the ruling expands broker liability in carrier crashes and incidents. This means broker activity now falls within the agency's regulatory purview. The decision dismantled two traditional broker defenses: protections under the Federal Aviation Administration Authorization Act and the assumption that carriers without FMCSA red flags were acceptable to book.

Echo Global Logistics CEO Doug Waggoner pressed Elison on the gap between broker liability and FMCSA oversight, noting only 92 percent of carriers are certified by the agency. Elison acknowledged the agency's inspection touches on the carrier population reach approximately 60 percent, leaving brokers responsible for vetting carriers the regulator has not touched.