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.

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.

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.

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

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.

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’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. 

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.

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.

FMCSA may investigate:
a. 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.
b. Disputes related to notices of drawdown sent erroneously, including situations where
incorrect information led to a drawdown.

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
advance.

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

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.
 

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.
 

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

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.