Patrick and Barbara Kowalski Freight Brokers Safety Act
Sponsored By: Representative Rep. Moolenaar, John R. [R-MI-2]
Introduced
Summary
Financial accountability for freight brokers. This bill would make brokers pay civil penalties when they contract with carriers that meet defined safety-failure thresholds and give FMCSA authority to investigate brokers after fatal crashes.
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- Brokers: A freight broker that contracts with a "specified transportation company" would owe a civil penalty equal to 10% of the value of the contracted cargo for the entire contract.
- Carriers and drivers: A company is a "specified transportation company" if, during the five-year period before the broker contracts with it, the company or a driver it employs has three or more Department of Transportation violations.
- Regulators: The Federal Motor Carrier Safety Administration could investigate a broker after a fatal crash involving a contracted carrier and impose additional operating requirements if it finds the broker acted with egregious disregard for safety.
- Communities and roads: Collected penalties must be deposited into the Highway Trust Fund and may be used by the Secretary for highway or transit projects that increase roadway safety.
*Penalty payments would be deposited into the Highway Trust Fund and available for roadway safety projects without further appropriation.*
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
New penalties for freight brokers
This bill would make freight brokers pay a civil penalty equal to 10 percent of the contracted cargo's value. The penalty would apply when a broker hires a "specified transportation company." A company would be "specified" if, in the five years before the broker contract, the company or a driver it employs had three or more DOT violations. Penalties would be deposited into the Highway Trust Fund. Those funds would be available without further appropriation for roadway safety projects eligible under title 49 or title 23. The FMCSA Administrator would be able to investigate a broker after a fatal crash by a contracted company. If the Administrator found the broker acted with egregious disregard for safety, the Administrator could impose extra operating requirements on the broker. If enacted, the changes would take effect upon enactment.
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Sponsors & CoSponsors
Sponsor
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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