NOTE: This guidance revises FMCSA-INS-387-Broker-and-Freight-Forwarder-Financial-Responsibility-2023-Rule-FAQs(2025-12-19) by adding Questions 8-15 and revising Question 6.

FMCSA-INS-387-Broker-and-Freight-Forwarder-Financial-
Responsibility-2023-Rule-FAQs(2026-06-26)

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 claims disputes between Financial Security Providers, Brokers and Freight Forwarders, and/or Motor Carriers?

Guidance: The Federal Motor Carrier Safety Administration does not act as an intermediary in disputes involving financial security or payment, including surety bonds and trust funds, between external parties. These disputes may involve any combination of financial security providers, brokers, freight forwarders, motor carriers, shippers, or claimants, and may relate to the merits, administration, or payment of individual claims.

FMCSA FMCSA’s role is limited to the regulation and oversight of the filing and maintenance of the required financial security, to ensure brokers and freight forwarders meet federal financial responsibility requirements. While this oversight promotes regulatory compliance, it does not extend to resolving or investigating the merits of individual claim disputes or commercial disagreements between parties. FMCSA’s role is limited to regulatory compliance oversight, not dispute resolution.

If it is believed that an entity has engaged in fraudulent activity or violated the Federal Motor Carrier Safety Regulations, complaints may be submitted through the National Consumer Complaint Database.

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. 

Question 8: Under the Broker and Freight Forwarder Financial Responsibility Rule, when does the 60-day claim period begin in cases of financial failure or insolvency?

Guidance: The 60-day claim period begins after FMCSA posts its written notice of the cancellation in the FMCSA Register on the Agency’s public website (49 C.F.R. § 387.307(f)(4)).

Once notified by the surety company or financial institution of the broker’s or freight forwarder’s financial failure or insolvency, FMCSA will publish the cancellation notice in the FMCSA Register.

If the final day of the 60-day claim period falls on a weekend or a Federal holiday, the deadline is extended to the next business day.

Question 9: What kinds of disputes between financial security providers, motor carriers, brokers, and freight forwarders may FMCSA investigate?

Guidance: FMCSA may investigate:

1. Disputes arising from clerical errors in financial security claims when notified by the broker or freight forwarder. Clerical errors may include, but are not limited to, typographical mistakes, transposed digits, incorrect dates, and misfiled notifications. 
2. Disputes related to notices of drawdown sent erroneously, including situations where incorrect information led to a drawdown.

Question 10: Can FMCSA delay suspension of operating authority during an investigation?

Guidance: Yes. FMCSA retains the authority to temporarily postpone the suspension of operating authority for any reason as it conducts thorough research into pending suspension and other related matters. Unforeseeable circumstances, such as system outages, technical glitches, natural disasters, or other events may also arise, and these cannot be fully anticipated or listed in advanced.

Question 11: How should disputes involving potential compliance violations between financial security providers, brokers, freight forwarders and/or motor carriers be submitted?

Guidance: Parties may submit disputes electronically through FMCSA’s intake mailbox: fmcsa.brokerff.finresp@dot.gov, including any relevant documentation and evidence.

Question 12: Who can report possible non-compliance with the Broker and Freight Forwarder Financial Responsibility Rule to FMCSA?

Guidance: FMCSA may receive notifications from shippers, motor carriers, claimants, financial security providers, or other external parties who suspect a broker, freight forwarder, or provider is not meeting the rule’s requirements.

Question 13: What actions will FMCSA take when notified of potential non-compliances with the Broker and Freight Forwarder Financial Responsibility Rule?

Guidance: FMCSA will internally review relevant notifications of possible non-compliance with the Broker and Freight Forwarder Financial Responsibility Rule.  Based on its review, FMCSA may initiate enforcement action as appropriate under existing statutory and regulatory authorities.

Question 14: Will FMCSA share the outcome of its compliance investigation with external parties?

Guidance: No, for privacy purposes. FMCSA cannot confirm, deny, or share details regarding any internal review, enforcement decision, or outcome with external parties.

Question 15: What resources are available to obtain information after FMCSA is notified of a potential non-compliance of an external party?

Guidance: While FMCSA cannot disclose internal findings, external parties may obtain publicly available information through:

• FMCSA Data Dissemination Program: (FMCSA Data Dissemination Program | FMCSA)
• FMCSA Licensing & Insurance (L&I) Public System: (Licensing & Insurance Introduction Page)
• Daily FMCSA Registration Decisions, Letters, Certificates, Permits, and Licenses (Daily FMCSA Registration Decisions, Letters, Certificates, Permits, and Licenses | FMCSA)

These resources can provide operating authority status, insurance details, and other publicly accessible data.
 

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.