Final Rule · FR 2023-25312

Broker and Freight Forwarder Financial Responsibility

Published Nov 16, 2023 at 88 FR 78656. A plain-English summary, key dates and a link to the official text.

Data as of: Oct 16, 2026 5:00 PM PDT

02 / In plain English · Brokers & authority

What this rule does.

Tightened financial responsibility rules for freight brokers and freight forwarders. It defines what assets count as “readily available,” allows immediate suspension of operating authority, sets surety and trust duties when a broker fails financially, and addresses enforcement and who may provide BMC-85 trust funds.

  • Defines “readily available” assets for BMC-85 trust funds.
  • Immediate suspension of broker or forwarder authority.
  • Surety and trust responsibilities if a broker or forwarder fails or becomes insolvent.
Official summary from the Federal Register
FMCSA amends the regulations pertaining to financial responsibility requirements for brokers of property and freight forwarders in five separate areas: assets "readily available"; immediate suspension of broker/freight forwarder operating authority; surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency; enforcement authority; and entities eligible to provide trust funds for brokers and freight forwarders, which are filed using Form BMC-85, Broker's or Freight Forwarder's Trust Fund Agreement under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement.

Our summary restates the rule’s official abstract. It is not legal advice; the rule text (88 FR 78656) and any later amendments control.

03 / Key dates

Dates to know.

Published
Nov 16, 2023
Effective
Jan 16, 2024

04 / The record

Document details.

Federal Register document number
2023-25312
Document type
Final Rule
Docket IDs
Docket No. FMCSA-2016-0102
Regulation Identifier Number (RIN)
2126-AC10

05 / Official source

Read the original.

Read the full text and details of this final rule at the Federal Register.

View on FederalRegister.gov (opens in a new tab)

This page provides structured facts from the official Federal Register document. It does not constitute legal advice. Always verify with official sources and consult qualified professionals.

06 / Calendar

Keep the dates in view.

Important dates from this document are included in the regulatory calendar and iCalendar feed.

Keep exploring

All Federal Register documents