Are Brokers and 3PLs Close to a National Hiring Standard for Motor Carriers?


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Brokers and 3PLs may have a National Hiring Standard to abide by in the coming months. In the most recent version of the Federal Aviation Administration (FAA) Reauthorization Act of 2018, regulations regarding commercial motor vehicles were introduced, including the National Hiring Standard of Care.

The amendment (one of over 31 accepted amendments to the bill) requires freight brokers or any hiring entity to determine that a carrier:

  • is properly registered with the FMCSA
  • has the minimum insurance coverage
  • is fit for duty under the safety fitness determination regulations issued by the FMCSA (not in an out-of-service designation).

The passing of the bill was close, but the final vote was 212-191. The bill was sponsored by TIA (Transportation Intermediaries Association).

The bill will now appear in the US Senate and is expected to hit the floor in late May or early June. Depending on results in the US Senate, it may return to the US House for approval of additional amendments before going to President Trump to sign or veto. If passed, the regulations will take effect 30 days after the bill is signed into law.

Having a National Hiring Standard would add to the workload of a broker or 3PL but would also reduce the liability of having a load tendered to a carrier who is not permitted to drive. With capacity restraints increasing in today’s trucking market, many drivers are rushing to work at the expense of brokers. This bill would ensure that all parties (and the roads) are fully protected.

TIA CEO Bob Voltmann stated, “TIA has built an amazing government affairs team that shepherded the amendment through the House.” You can find the rest of the TIA’s take on the amendment here.

To follow this bill’s progress in Congress, you can do so here, and you can read the full bill here. Govtrack.us gives this bill a 77% chance of passing.

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Regulatory Affairs Analyst Jeremy Feucht follows the latest political and legislative processes along with their potential effects on the trucking industry. He has worked in the U.S. Senate and has served as a member of Planning and Zoning, City Council, and Urban Renewal boards.
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