You can make a broker disclose the rate they received on a load but the problem is that first, you have to take the load...second, you may have to take them to court and subpeopna their records...and third, forget about ever doing business with that broker again.
Title 49 CFR 371.3 of the FMCSRs. Here's the wording:
Under Title 49 CFR 371.3 Records are to be kept by brokers.
(a) A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. The record shall show:
(1)The name and address of the consignor;
(2)The name, address, and registration number of the originating motor carrier;
(3)The bill of lading or freight bill number;
(4)The amount of compensation received by the broker for the brokerage service performed and the name of the payer;
(5)A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and
(6)The amount of any freight charges collected by the broker and the date of payment to the carrier.
(b)Brokers shall keep the records required by this section for a period of three
years.
(c)Each party to a brokered transaction has the right to review the record of the
transaction required to be kept by these rules.
This regulation is a very powerful tool for you to use when dealing with a broker to keep them honest. The impact of requesting this information after you haul the first load for a new broker is a strong tool to use. Remember 371.3 (c) states that each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.
Whether the load was flat rated or a percentage the regulation still gives you the right to review the record. If this rule is ignored it is enforceable under private right of action, Federal law 49 USC 14704 (a), and 14707. This rule will allow you to obtain a court order requiring brokers to comply with regulations.
In the event you have to go to court to get this information private right of action also allows a court to award reasonable attorney's fee that the court can impose as part of the costs of the action.
*Rememberyou need everything in writing and keep copies of all paperwork.
Posting For Good and Bad Brokers
Discussion in 'Freight Broker Forum' started by khenders, Oct 30, 2007.
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Hopefully these bad brokers will burn enough of the cheap freight haulers out here and it'll be back to business as usual for the rest of us.nofilter and luvtheroad Thank this. -
Headhaul, backhaul, truck needs to be somewhere or get out of a place, that's where those guys get you.
We could talk for a month on specifics of what's a headhaul and what's a backhaul. Why do these brokerages think that there should be a difference in price? When you go to pay for fuel, you don't walk up and say I'd like to have the backhaul rate on this tank of fuel. The customer who is supplying the load doesn't say to the broker, this is a backhaul, it should get a cheaper rate.
Here is what everyone in the industry needs to remember....
PROFIT IS NOT A DIRTY WORDTopDog20, Dustyroads38, nofilter and 1 other person Thank this. -
This stuff is over my head as I'm a custom metal shop owner. Thanks for letting me in and for the replies. With the account, Estes was my choice. eventhough the lift gate didn't make it to my pick-up, the driver was kind enough to help me toss a 300# pallet onto his trailer. That kind of extra means alot to us little guys with ltl stuff. best regards to all...
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Here's another thread that will probably answer some of your questions.
What do you want in a broker? -
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What do you mean by "I am working on becoming a freight broker agent?" If you have no experience in the field, then I am concerned that you may be getting scammed. Are you going through a program that will 'license' you to be a broker when you are done? If so, stop the program right now and try to get your money back. These 'programs' are ALL scams. There is not one legitimate program out there.
Please give me some details on what you are doing and I can give you advise on how to become a freight broker the right way. Also, no "agency brokerage" will take you on as an agent unless you have accounts. If you have no experience, you have no accounts.
If you think that there are a lot of scams for truckers, there are many, many more scams for the broker wannabe. Sorry if I come off as harsh, but I hate seeing people being taken advantage of, and I fear that is what is about to happen to you.Huggins989, luvtheroad and Lilbit Thank this. -
What do you do outside of getting licensed and bonded, buying some leads and hitting the phones?
I don't think anyone should buy into any promises from an internet kit, but an e-book or two on the matter couldn't hurt. -
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