Friday, June 1, 2012

A Call for Action to Shippers & Brokers

Please click here for a two page summary of advice which was released by the FMCSA on May 16.  This guidance repudiates the effectiveness of the Agency’s ultimate safety fitness determination required by statute.  Without rulemaking it raises SMS methodology to coequal status with the Agency’s fitness finding.  See

By failing to affirm its sole duty to determine fitness, the Agency transfers its obligation to shippers and brokers under the peril of increased vicarious liability and negligent selection.  This is a new rule masquerading as guidance which must be retracted.  
Please express your alarm to your Senators and Congressmen and urge appropriate congressional oversight.  
For the addresses of your elected representatives and key House and Senate committee members, please click here for the contact information for relevant Congressmen and Senators.

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