Freight broker
A freight broker is a company that arranges transport by truck for a shipper without hauling the freight itself: it finds a carrier, agrees the rate and is paid for arranging the move. In the US a broker must register with the federal regulator and hold $75,000 of financial security.
What the law says a broker is
US federal law defines a broker as a person, other than a motor carrier, that sells, offers, negotiates or arranges transportation by motor carrier for compensation. The line that matters is between arranging the move and taking responsibility for it. A freight forwarder, in the same statute, "assumes responsibility for the transportation from the place of receipt to the place of destination"; a broker arranges the carrier that does the hauling.
| Role | Hauls the freight itself | What it sells |
|---|---|---|
| Motor carrier | Yes | Transport on its own trucks |
| Freight broker | No | Arranging a motor carrier for the shipper |
| Freight forwarder | Through carriers it uses | The whole trip, for which it assumes responsibility |
Registration and the $75,000 bond
- A broker must be registered with the federal regulator, which checks that it has enough experience and is "fit, willing, and able" to broker.
- It must keep USD 75,000 of financial security, whatever its number of branch offices or agents — a surety bond (Form BMC-84) or a trust fund (Form BMC-85).
- A trust fund must hold assets that can be turned into cash within 7 calendar days; if the security falls below USD 75,000, the broker's authority is suspended within 7 business days of notice unless it is restored.
- Brokering without both the registration and the security can be fined up to USD 10,000 for each violation.
- A broker may not present itself as a carrier, and its advertising must show that it is a broker.
How a broker is paid
A broker earns by charging the shipper more than it pays the carrier, or by charging a fee. For each brokered move it must keep a record that includes the compensation it received and who paid it, for three years — and each party to the transaction has the right to review that record.
Worked example
A shipper needs one truckload from Chicago to Dallas. Suppose the broker quotes the shipper USD 2,400 and books a carrier at USD 2,050.
Broker's compensation = 2,400 − 2,050 = USD 350, or 14.6% of what the shipper paysUnder 49 CFR 371.3 that USD 350 is in the broker's record of the move, and the shipper and the carrier may each ask to see it.
Outside the US
Elsewhere the word is used loosely, and international moves are usually arranged by freight forwarders. Many forwarders contract on the FIATA Model Rules, under which a forwarder that issues its own transport document, or otherwise undertakes to act as a carrier, is liable as a principal — so the paperwork decides who answers for the cargo.
The mistake people make
Assuming the company you booked with is the company hauling the load. Ask which carrier will move it, check the carrier named on the bill of lading, and confirm the broker's registration and security before the first load — not after a claim.
FAQ
Freight broker: common questions
- What is the difference between a freight broker and a freight forwarder?
- Under US law a broker arranges transport by a motor carrier for compensation, while a forwarder assumes responsibility for the transportation from receipt to destination. Internationally, a forwarder working on the FIATA Model Rules is liable as a carrier when it issues its own transport document.
- How much is a freight broker bond?
- USD 75,000, regardless of how many offices or agents the broker has. It is held as a surety bond on Form BMC-84 or a trust fund on Form BMC-85, and authority is suspended if it falls below that amount and is not restored.
- How do freight brokers make money?
- By the difference between what the shipper pays and what the carrier is paid, or by a fee. The broker must record its compensation for each move and keep it for three years, and both the shipper and the carrier may review that record.
- Is a freight broker the same as a 3PL?
- No. A broker is a narrow US legal role — arranging truck transport for pay. A 3PL provides one or more logistics services, such as warehousing and transport management. A 3PL that arranges interstate truck transport for others in the US needs broker registration to do it.
Sources
- 49 U.S.C. § 13102 — Definitions: broker, freight forwarder (Cornell LII)
- 49 U.S.C. § 13904 — Registration of brokers (Cornell LII)
- 49 U.S.C. § 13906 — Security of brokers (Cornell LII)
- 49 CFR 387.307 — Property broker surety bond or trust fund (Cornell LII)
- 49 U.S.C. § 14916 — Unlawful brokerage activities (Cornell LII)
- 49 CFR 371.3 — Records to be kept by brokers (Cornell LII)
- 49 CFR 371.7 — Misrepresentation (Cornell LII)
- FIATA Model Rules for Freight Forwarding Services (as published by Leschaco)
Related terms
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