FOPT Submits Formal Petition for Rulemaking to FMCSA on Rate Confirmation Pre-Dispatch Disclosure

On January 10, 2026, the Federation of Professional Truckers (FOPT) formally submitted a Petition for Rulemaking to the Federal Motor Carrier Safety Administration (FMCSA) seeking new federal safety standards governing rate confirmations and Bills of Lading used in interstate trucking.

The petition was submitted in accordance with 49 CFR § 389.31 and 5 U.S.C. § 553(e) and has been officially received through Regulations.gov. This filing establishes an administrative record and requires FMCSA to review and respond under federal rulemaking procedures.

Why Transportation Documents Are a Safety Issue

Rate confirmations and Bills of Lading are not merely administrative paperwork. In real-world trucking operations, these documents control dispatch decisions, detention exposure, compensation eligibility, and whether a shipment can be safely completed within Hours-of-Service limits.

When material financial and operational terms are omitted or withheld until after dispatch, drivers and motor carriers are subjected to immediate economic pressure. That pressure directly contributes to fatigue, schedule compression, detention abuse, and unsafe decision-making on the road.

Current broker disclosure rules apply only after transportation is complete. They do nothing to prevent unsafe conditions before or during a trip, when safety-critical decisions are actually made.

What the Petition Requests

The FOPT petition asks FMCSA to initiate rulemaking to establish minimum documentation standards necessary for transportation documents to be recognized for regulatory and enforcement purposes. Specifically, the petition requests that FMCSA:

Require disclosure of the original shipper freight rate on the Bill of Lading for interstate transportation

Establish minimum required elements for rate confirmations that must be disclosed prior to dispatch

Define transportation documents that fail to meet these standards as invalid for FMCSA regulatory enforcement, compliance, or evidentiary purposes

This petition does not request rate regulation, broker fee caps, or price controls. It seeks a narrowly tailored safety rule focused on pre-dispatch disclosure, where fatigue and coercion risks originate.

FMCSA Authority

FMCSA has clear statutory authority to act under:

49 U.S.C. § 31136 – fatigue and motor carrier safety standards

49 U.S.C. § 31502 – regulation of carrier safety practices

49 U.S.C. § 13708 – billing and payment practices

49 U.S.C. § 14101(b) – non-waivable safety obligations

FMCSA routinely defines required records and documentation standards for enforcement purposes. Applying those principles to transportation documents that directly influence safety is consistent with the agency’s preventative safety mandate.

What Happens Next

The petition has been accepted for agency review. FMCSA must now determine whether to grant the petition, deny it with written justification, or initiate formal notice-and-comment rulemaking.

Regardless of outcome, this filing ensures the issue of pre-dispatch disclosure standards is now part of the official federal administrative record.

Why This Matters

Incomplete transportation documents lacking required pre-dispatch disclosure are a structural driver of fatigue, detention abuse, and economic coercion in trucking. Addressing these issues before a truck moves through enforceable pre-dispatch disclosure standards is essential to improving safety, compliance, and accountability across the industry.

FOPT will continue to pursue regulatory solutions grounded in data, statutory authority, and real-world operational experience to protect professional drivers and the motoring public.

What This Means for Carriers

For motor carriers, this rulemaking is about restoring predictability, documentation integrity, and enforceable terms before dispatch, not fighting after the fact.

If granted, the requested rulemaking would mean:

Clear financial terms before the truck moves

Reduced exposure to uncompensated detention and delays

Stronger compliance and audit protection

Less economic coercion at dispatch

Improved safety and operational planning

This proposal does not interfere with rate negotiations or free-market pricing. The requirement is pre-dispatch disclosure, not control.

For carriers operating on thin margins, disclosure at dispatch is operational survival.

What This Means for Brokers

For freight brokers, this proposed rulemaking is not about restricting business models or imposing price controls. It is about documentation integrity, accountability, and pre-dispatch disclosure.

If granted, the rulemaking would mean:

Clear disclosure obligations before dispatch

Fewer post-delivery disputes and conflicts

Stronger, defensible documentation for audits and enforcement

A level documentation standard across the market

Clear separation between negotiation and safety compliance

Brokers remain free to negotiate rates and terms. The rule simply requires that whatever is agreed upon is disclosed before the truck moves.

What This Means for Shippers

For shippers, this proposed rulemaking is not about increasing costs or limiting access to transportation. It is about predictability, documentation clarity, and operational accountability throughout the supply chain.

If granted, the rulemaking would mean:

Clear, consistent transportation terms from the start

Reduced delivery disruptions and rescheduling

Improved reliability of carrier capacity

Lower risk of safety-related delays and incidents

Greater supply-chain accountability through documented pre-dispatch terms

This proposal does not regulate shipper pricing or contract structures. Shippers remain free to negotiate terms through brokers or directly with carriers.

What changes is that the terms governing a shipment must be fully disclosed and documented before transportation begins, reducing uncertainty and improving accountability.

FORMAL DOCKET COMMENT.docx

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PETITION rate con.docx

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