Trucking news and briefs for Friday, Jan. 16, 2026:
- A long-awaited rule to hold brokers more accountable finally takes effect.
- Tennessee looks to crack down on unlawfully present truck drivers, companies that hire them.
- Hours-of-service relief for certain Vermont haulers.
Final rule that allows broker-authority ‘immediate suspension’ takes effect
The Federal Motor Carrier Safety Administration’s final rule that requires stricter financial responsibilities for brokers and freight forwarders fully took effect Friday after certain provisions were delayed a year ago.
The rule, finalized Nov. 16, 2023, contained various provisions with a Jan. 16, 2025, compliance date, while other provisions have a Jan. 16, 2026, compliance date. FMCSA last year delayed the 2025 provisions until 2026, so the full rule took effect Friday.
The rule allows FMCSA to shut a broker or freight forwarder down quickly in the event of a drawdown on a bond or other required financial security with valid claims, or for other reasons.
Called the "Immediate Suspension of Broker/Freight Forwarder Operating Authority" provision in the rule, the measure allows FMCSA to suspend the operating authority registration of a broker or freight forwarder when its available financial security falls below $75,000.
If the broker or freight forwarder does not replenish funds within seven calendar days after notice from FMCSA, under the terms of the new rule the agency will shut the entity down with a notification of suspension of operating authority.
The Owner-Operator Independent Drivers Association welcomed the rule taking effect Friday.
“Most importantly, the rule requires FMCSA to suspend brokers who do not maintain the minimum $75,000 bond,” said OOIDA President Todd Spencer. “This will assist carriers in determining if a broker has legitimate finances before hauling a load. OOIDA has fought for these changes for nearly 15 years, and today marks progress in holding bad brokers accountable. However, this rule alone does not solve the problem, and we will continue fighting for more reforms until truckers no longer have to pay the price for broker misconduct.”
In addition to the immediate-suspension provision, the rule makes changes related to trust providers' assets readily available; surety or trust responsibilities in cases of broker/forwarder failure or insolvency; FMCSA's own enforcement authority; and the entities eligible to provide trust funds with form BMC-85 trust fund filings. Read more on those provisions here.
[Related: FMCSA tightens screws on brokers who 'do not intend to pay' carriers: Final rule]
Tennessee bill would create $1 million fine for fleets that employ unlawfully present drivers
New legislation introduced in Tennessee would make it a misdemeanor for a person who is unlawfully present in the United States to operate a commercial motor vehicle in the state, or for somebody to allow such a person to operate a CMV in the state.
A law enforcement agency whose officer makes an arrest for those violations would also be required to contact federal immigration authorities of the arrest.
Under terms of the bill, which was introduced by Tennessee Sen. Jack Johnson, if a person not lawfully present in the U.S. is involved in an accident in which someone suffers personal injury or property damage, the driver’s employer and the state official and/or employee who issued the CDL would “be strictly, absolutely, jointly, and severally liable,” according to the bill’s text.
The bill prescribes a minimum $1 million in punitive damages to anyone injured in a crash involving a illegal driver, as well as a minimum $1 million civil penalty to a company who hires such a driver.
Lawmakers in Florida this week also introduced legislation aimed at “illegal alien” CDL holders.
[Related: Florida bill would force carriers that hire illegal aliens to pay for crash injuries]
Vermont road salt shortage prompts HOS relief
The Vermont Department of Motor Vehicles, under direction of Gov. Phil Scott, has declared an emergency in the state related to a shortage of road salt.
As a result, motor carriers and drivers providing delivery of highway salt for maintenance purposes are granted emergency relief from the maximum driving time hours of service regulations.
The declaration is in effect from Jan. 15 through Jan. 29. Drivers that operate under declaration are required to have a copy (paper or electronic) in their possession.
Drivers who use the exemption can come back into compliance and restart their hours-of-service clock after taking 34 consecutive hours off-duty at the end of their extended hours period.
