FMCSA-INS-387-Broker-and-Freight-Forwarder-Financial-
Responsibility-2023-Rule-FAQs (2025-12-19)

Broker and Freight Forwarder Financial Responsibility 2023 Rule FAQs

Question 1: For brokers or freight forwarders with trusts held by entities no longer eligible to file trust funds, what actions will FMCSA take on January 16, 2026?

Guidance: Beginning January 16, 2026, when FMCSA becomes aware that a trust provider may no longer meet the eligibility requirements to file BMC‑85 trust funds set out in 49 CFR § 387.307(c), the agency will review and verify the provider’s compliance. If the provider is determined to be ineligible, the brokers or freight forwarders relying on that trust as proof of financial responsibility will have 30 days to obtain a replacement filing from a qualified provider. If a compliant replacement filing is not submitted within that timeframe, the broker’s or freight forwarder’s operating authority registration will be suspended.

Question 2: How can I confirm my provider’s eligibility to serve as a BMC-85 trustee on 1/16/2026?

Guidance: Starting January 16, 2026, only trust fund providers that meet the Federal Motor Carrier Safety Administration’s updated requirements in 49 CFR § 387.307(c) will be permitted to file and maintain BMC-85 trust agreements. Brokers and freight forwarders should contact their current trust provider well in advance to verify that they will be compliant and authorized to file and maintain trust agreements with FMCSA.

Question 3: What specific steps must a broker or freight forwarder take to transition from their current non-compliant BMC-85 trustee to a qualified trustee before the January 16, 2026, implementation deadline?

Guidance: To transition from your existing BMC-85 to a new BMC-85 or BMC-84 with a different provider, the new surety or trust provider must electronically submit the filing via the FMCSA Registration System in accordance with 49 CFR 387.307(a). Once the new filing is submitted and accepted, it will replace the current BMC-85 filing.

Question 4: Does FMCSA endorse or recommend any specific providers?

Guidance: The Federal Motor Carrier Safety Administration (FMCSA) does not endorse or recommend any particular financial responsibility providers.

Question 5:  What documents might FMCSA request from providers to verify they are eligible financial responsibility filers?

Guidance: Examples of documents FMCSA may request to verify that a provider is eligible under 49 CFR § 387.307(c) include trust agreements, proof of deposits/segregated funds, FDIC/NCUA certificates, state licensure/charters, and any evidence of regulatory oversight.

Question 6: Does FMCSA assist with bond claim disputes?

Guidance: The Federal Motor Carrier Safety Administration does not act as an intermediary in claims disputes between financial institutions providing surety bonds and transportation companies regarding bond claims. Claimants must work directly with the surety bond company or seek legal counsel to resolve any disagreements related to the merits of any individual claim.

FMCSA regulates the filing and maintenance of financial security, including surety bonds, to ensure carriers and brokers meet financial responsibility requirements as mandated by federal regulations. This oversight helps promote industry compliance and protect commerce but does not extend to resolving individual claim disputes.

If a person believes a broker has engaged in fraudulent activity or violated the Federal Motor Carrier Safety Regulations, the National Consumer Complaint Database now allows users to submit complaints against property brokers.

Question 7: How will FMCSA notify brokers and freight forwarders if their trust fund filing is no longer valid or if they must replenish their trust fund to $75,000 to avoid suspension?

Guidance: FMCSA will send written notification by regular mail. If a broker or freight forwarder has provided an email address, FMCSA will also send the notification electronically. 

Contact Info: FMCSA Information Line, 1-800-832-5660 or FMCSA.BrokerFF.FinResp@dot.gov. 
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Note: This guidance is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this guidance (as distinct from existing statutes and regulations) is voluntary only, and non-conformity will not affect rights and obligations under existing statutes and regulations.