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Cover these three points:
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Without a prohibition against waiving 49 CFR 371.3 in contracts, the new amended language of 371.3 will not make a difference. Big brokers will continue to evade regulation in furtherance of unreasonable restraint of trade with impunity.
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Without automatic disclosure of broker invoices to their shippers as requested by OOIDA, brokers will continue to blacklist truckers who dare to hold brokers accountable to their new regulatory "duty" with impunity.
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FMCSA should not eliminate from 371.3 the requirement for brokers to explicitly keep a record of their commissions on loads. Brokers already play games by using the term "margin" instead of commissions, which could either be gross margins or profit margins after they pay their agents their 60 to 80% commissions. They call themselves brokers but then behave like service arbitrage freight-flipping investors, buying and selling transportation, which may be a form of trading subject to SEC broker-dealer licensing & regulation. A clear FMCSA record-keeping requirement that itemizes the amount paid to the truck, additional payments like for lumpers, and the total amount retained by the brokerage is therefore essential to defeat broker misrepresentation & fraud.
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Here's what else we were up to in 2024...
The SBTC sent its PREVENTING UNREASONABLE RESTRAINT OF TRADE IN TRUCKING ACT OF 2024 (“the PURTT Act”)
to all Members of Congress.
CLICK HERE to
Download and Read the Bill.
*SBTC Targets Big Brokers' Practice of Requiring that Carriers Show Evidence of Roadside Inspections in New Petition to Secretary Pete for Part 396 Rulemaking, citing "Unreasonable Restraint of Trade..."
*SBTC fights proposed 25% UCR fee increase slated for 2025, which could be up to an additional $9,000 for some carriers.
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*SBTC Petitions FMCSA for rulemaking to stop big brokers from offsetting freight bills alleging loss or damage claims.
*SBTC Calls for Investigation into Unlicensed "Certified Master Carrier" Educational Credential Presented at MATS.
*SBTC Calls for Arrest of Trucking Influencer promotion of drug use by truckers who called for Congressman "to be shot."
*SBTC Files Complaint with DOT OIG Requesting Investigation into Fraudulent Sale of Non-Transferable USDOT Number.
*SBTC Questions FMCSA's Authority to Assess Civil Penalties and Alleges Fraudulent Civil Penalty Schedule.
*SBTC Effects Arrest of Unlicensed Mover in Colorado.
*SBTC Sparks OIG Inquiry into UCR Plan's investment policy.
*SBTC Issues Cease & Desist Letter to UCR Plan Demanding it stop allowing usurpation/delegation of decision-making authority in violation of UCR Act & Sunshine Act.
*SBTC Challenges UCR Plan's Claim it is a lawful interstate compact through Petition to Secretary Buttigieg for an Advisory Opinion & Petition for Rulemaking.
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