FMCSA has tightened its financial security rules for property brokers and freight forwarders. The changes aim to make sure that the money behind a broker's authority is actually there when a carrier or shipper has a valid claim. Here is what changed, what it means for carriers, and what it doesn't do. This article focuses on brokers; freight forwarders should check the FMCSA rules that apply to them.
The basic requirement
To hold property broker authority, a broker must keep $75,000 in financial security on file with FMCSA, either a BMC-84 surety bond or a BMC-85 trust fund (49 CFR 387.307). That requirement isn't new. What changed is how FMCSA enforces it.
What changed
The full $75,000 must stay available. Since January 16, 2026, if a broker's bond or trust is drawn below $75,000, the broker's authority is suspended unless the security is restored within 7 business days of FMCSA's notice (49 CFR 387.307).
Surety companies and trust fund providers have more duties. The rule also sets requirements for the companies that issue BMC-84 bonds and the providers that hold BMC-85 trusts, including reporting to FMCSA when a broker's security is drawn down, and it limits who may act as a BMC-85 trustee and what a trust may hold. For the exact requirements, read the current text of 49 CFR 387.307 and the related sections of Part 387.
What this means for carriers
The rule gives carriers more confidence that a broker with active authority has its full $75,000 security in place. If a broker's security falls short and isn't restored, the authority is suspended, which is a public signal that something is wrong. Check a broker's authority status before you book a load, and check it again if payment is late.
What the rule doesn't do
The rule helps, but it has limits that every carrier should understand:
- A bond claim still needs documentation. To make a claim against a broker's bond or trust, you'll need to show that the broker owes you: your rate confirmation, signed bill of lading and proof of delivery, invoices, and your communication with the broker. Keep complete records for every load.
- $75,000 is shared among all claimants. The bond or trust isn't $75,000 per carrier. If a broker fails while owing many carriers, all of the valid claims may draw from the same $75,000, and it may not cover everyone in full.
- Suspension doesn't pay you. A suspended authority stops the broker from operating, but it doesn't collect your money. You still need to file your claim and follow up.
- It doesn't replace vetting. Checking a broker's authority, payment history and contact details before you haul is still essential.
For the official requirements, see the FMCSA broker registration page and 49 CFR 387.307.
If a broker hasn't paid you
If a broker owes you for a load, start by gathering your documents and contacting the broker in writing. Freight Broker Complaint is a free, private service that takes carrier complaints, investigates them and contacts the broker on the carrier's behalf. Complaints and findings are never published. Learn more at FreightBrokerComplaint.com, or read our guide to freight fraud warning signs.