Brokers Push FMCSA for Public 'High-Risk' Carrier List Following Supreme Court Ruling

What happened: The Transportation Intermediaries Association (TIA) has petitioned the Federal Motor Carrier Safety Administration (FMCSA) to create a federal carrier-selection safety standard and publish a public list of "high-risk" motor carriers. The move follows the U.S. Supreme Court's Montgomery v. Caribe ruling, which opened the door for brokers and shippers to face liability when a carrier they hired is involved in a crash.

Why drivers should care: Brokers and shippers are under new legal pressure to vet carriers more aggressively. That could mean tighter freight access for small fleets and owner-operators — especially those without a formal FMCSA safety rating — even when they are operating legally with an active MC number.

What happened

In a formal petition for rulemaking disclosed by TIA President Chris Burroughs, the broker trade group asked FMCSA to set objective standards brokers and shippers can rely on when deciding whether a federally licensed carrier is safe to book. TIA argues that after Montgomery, the industry faces an "untenable burden" — every broker and shipper is left to build its own vetting process using data that may not reflect a carrier's true safety condition.

The petition cites a long-standing gap: more than 90% of authorized motor carriers currently operate without an FMCSA safety rating. Even for the roughly 10% that do have a rating, TIA notes that FMCSA has said Safety Measurement System (SMS) data is meant to prioritize enforcement — not to serve as a definitive federal safety stamp for carrier selection.

At the core of TIA's request is a proposed federal "Safety Selection Standard" that would tell brokers and shippers whether using a given carrier is reasonable based on objective FMCSA criteria. TIA also asked FMCSA to immediately publish a list of motor carriers the agency considers high risk — carriers that are registered but determined unfit to operate safely or ordered to cease operations.

TIA warned that without a uniform federal standard, the industry will "overcorrect" with increasingly restrictive carrier selection — a shift it says would disproportionately hit small motor carriers and independent owner-operators who make up much of the domestic supply chain.

What it means for owner-operators

• Selection gatekeeping: Small fleets and one-truck operators without a formal safety rating could face more scrutiny — or outright rejection — when brokers and shippers tighten vetting after Montgomery.
• Data you don't control: Broker vetting tools often pull from FMCSA databases, SMS scores, and insurance filings. A carrier can be legal to operate and still get flagged by a broker's internal risk model.
• Public high-risk list: If FMCSA publishes a high-risk carrier list as TIA requested, appearing on it — even temporarily during a dispute or data error — could have immediate freight consequences.
• Documentation matters: When carrier selection disputes arise, your own records are separate from what a broker portal shows. Keeping organized load and safety documentation on your side gives you a paper trail that isn't locked behind someone else's system.

What it means for company drivers

• Indirect impact: This fight is primarily between brokers, shippers, and FMCSA — but company drivers feel it when their carrier loses broker relationships or dedicated freight because of vetting changes.
• Fleet-level decisions: If your employer's safety profile triggers broker blocklists, dispatch options can shrink even when your personal driving record is clean.
• Job mobility: Carrier selection crackdowns often hit smaller fleets first. If your company struggles to book loads, layoffs and route cuts can follow — another reason to maintain your own career records outside employer systems.

What you can do

• Know your FMCSA profile: When parked, review your carrier's safety data on FMCSA's public tools — SMS scores, inspection history, insurance status, and operating authority. Owner-operators should check their own authority; company drivers can note their fleet's DOT number for reference.
• Keep insurance and authority current: TIA's proposed standard would tie selection to minimum insurance and active registration. Lapsed filings are an easy reason for a broker to drop a carrier from their approved list.
• Document your work independently: Owner-operators who keep their own independent load documentation have a clear paper trail that isn't locked behind a broker portal if a carrier selection dispute occurs.
• Watch the petition outcome: FMCSA has not yet responded publicly to TIA's rulemaking request. A federal selection standard — or a published high-risk list — would reshape how freight gets assigned. This story is far from settled.
• Handle all record checks when stopped: Reviewing FMCSA data, insurance documents, or load records should only happen when you are parked and off duty — never while operating a commercial vehicle.

What to watch next

FMCSA must decide whether to accept TIA's petition and open a formal rulemaking. TIA is also reviving a push for a modernized Safety Fitness Determination rule — a process that stalled after a 2017 withdrawal. FMCSA Deputy Administrator Jesse Elison has acknowledged the agency has a post-Montgomery role to play, but has pushed back on becoming a "ratings agency." Whether a public high-risk carrier list materializes — and what criteria FMCSA would use — will determine how sharply broker vetting changes for small carriers and owner-operators.

Sources: FreightWaves. Trucker Feedback analysis for drivers. Not legal or financial advice.