A new bill introduced in the U.S. House would hold freight brokers financially responsible if they hire trucking companies with poor safety records.
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The legislation, introduced by John Moolenaar, is called the Patrick and Barbara Kowalski Freight Brokers Safety Act. It would penalize brokers that contract with motor carriers deemed “unsafe” based on past violations.
Under the bill, brokers could face a civil penalty equal to 10% of the value of the cargo covered under their contract if they work with a carrier that has three or more Department of Transportation violations. The same standard would apply if a carrier employs a driver who has received three or more DOT violations in the past five years.
The bill is named after Patrick and Barbara Kowalski, who were killed in a truck-involved crash in 2022.
“No family should experience the loss the Kowalskis faced,” Moolenaar said in a news release. “It was a preventable tragedy and this legislation ensures all freight industry contractors take safety seriously.”
In addition to civil penalties, the bill would expand the authority of the Federal Motor Carrier Safety Administration, giving the agency more power to investigate freight brokers and impose operating requirements following fatal crashes.
As of Dec. 22, the bill had no co-sponsors.
The question of broker liability has been a growing issue across the trucking and logistics industry. Courts and regulators have increasingly examined whether brokers should be held responsible for crashes involving the carriers they hire.
That debate reached a new level in October, when the U.S. Supreme Court agreed to hear a case involving C.H. Robinson and broker liability. Oral arguments are expected to be scheduled at a later date.
