Regulation CFR 371.3 requires that brokers keep records of each transaction with a carrier and that each party to the transaction has a right to view these records. This means that you can request to see all broker documents and that they must disclose them.
We have tested this requirement more than 10 times over the last 5 years and each request was simply ignored by the broker. We have complained to the FMCSA about this and still, nothing is done. What is a rule or law without enforcement? Nothing. Brokers have zero respect for carriers, while milking those same carriers dry.
THIS IS WHAT THIS LAW STATES:
§ 371.3 Records to be kept by brokers.
- 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:
- The name and address of the consignor;
- The name, address, and registration number of the originating motor carrier;
- The bill of lading or freight bill number;
- The amount of compensation received by the broker for the brokerage service performed and the name of the payer;
- 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
- The amount of any freight charges collected by the broker and the date of payment to the carrier.
- Brokers shall keep the records required by this section for a period of three years.
- Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.