TIA Pushes FMCSA for Carrier Safety Standards Post-Montgomery

The Transportation Intermediaries Association (TIA) has formally petitioned the Federal Motor Carrier Safety Administration (FMCSA) to establish uniform federal standards for carrier selection, seeking relief from increased liability exposure following the Supreme Court's Montgomery v. Caribe Transport II decision. The ruling eliminated brokers' ability to assume that federally-licensed carriers automatically meet safety thresholds, forcing shippers and intermediaries to develop their own carrier vetting methodologies across disparate state and federal jurisdictions.

The core issue centers on a critical gap in federal oversight: approximately 90% of authorized motor carriers operate without an FMCSA safety rating, and the Safety Measurement System (SMS) data is explicitly not designed as a definitive safety assessment tool. This leaves brokers and shippers vulnerable to litigation while simultaneously creating perverse incentives toward excessive carrier exclusion, which disproportionately affects small and independent operators that form the backbone of domestic freight networks. The TIA's petition calls for FMCSA to establish a federal motor carrier selection safety standard based on objective criteria, registration status, insurance compliance, and fitness determinations.

Without such clarity, the industry risks a compliance overcorrection that will restrict carrier access, increase freight costs, and fragment the already-complex regulatory landscape. For supply chain professionals, this signals an urgent need to reassess carrier vetting protocols and engage in industry advocacy around safety standards that balance risk management with network resilience.