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TIA Petitions FMCSA for Federal Safety Standards to Shield Brokers from Liability

The Transportation Intermediaries Association has formally requested that the Federal Motor Carrier Safety Administration establish uniform federal safety standards for carrier selection. The petition seeks to clarify broker obligations following the Montgomery v. Caribe Transport II decision.

The petition responds to mounting legal exposure for brokers and shippers required to assess carrier safety using inconsistent methodologies and incomplete data. More than 90% of federally licensed carriers currently operate without an FMCSA safety rating, creating significant evaluation challenges.

TIA President Chris Burroughs noted that safety deficiencies often surface only after catastrophic incidents. The agency's Safety Measurement System, while useful for prioritizing inspections, does not constitute a federal safety rating and should not be used to draw conclusions about a motor carrier's overall safety condition, further complicating broker due diligence across state and federal jurisdictions.

The petition calls on FMCSA to promulgate binding safety standards governing use of licensed motor carriers, establishing clearer liability parameters for logistics intermediaries.