Broker Transparency in the Trucking Industry

Broker transparency is one of the most heated topics in the trucking industry. Carriers and owner-operators argue they deserve to know what shippers are paying brokers. At the same time, brokers argue too much transparency could hurt everyone in the long run. What started as a call for fairness has turned into a wedge in the trucking industry. As a Colorado truck accident lawyer, I believe the debate is about more than freight rates. Broker transparency rests on the principles of accountability and traceability. In what follows, I will thoroughly discuss broker transparency.

Origins of Broker Transparency

Before deregulation, rates were publicly filed with the Interstate Commerce Commission (“ICC”). Transparency was not merely an option. Rather, transparency was built into the system. In 1980, President Jimmy Carter signed the Motor Carrier Act, effectively removing government-controlled rates, routes, and carrier authority. The Motor Carrier Act has been criticized by carriers for their lack of enforceability and the ease with which can circumvent the system.

Several years later, 49 CFR § 371 was born. The legislature enacted this law as a safeguard to preserve some level of accountability. It mandates that brokers keep a record of the rates negotiated in their deals and share these details with the carriers and shippers if they ask. A few brokers voluntarily practice transparency but they are the exception.

This regulation still governs broker transparency today. In theory, carriers can see exactly what the broker made. Unfortunately, the rule has no teeth. There are no penalties for ignoring it, and no clear enforcement mechanism. Therefore, in practice, this rule is widely ignored. Many carriers who ask to see load records find themselves blacklisted. Brokers cite Non-Disclosure Agreements (“NDAs”), privacy clause in contracts, or they simply refuse to share the information altogether. If a carrier files a complaint with the Federal Motor Carrier Safety Administration (“FMCSA”), it is likely nothing will happen.

In the 1980s and 90s, the broker-carrier relationship looked a lot different. Brokers were small outfits. They built real relationships with carriers. Moreover, rates were more stable, so there was not a lot of fighting over margins. That all changed with the advancement of technology. Load boards exploded. Freight platforms scaled overnight. “Mega-brokers” emerged, backed by software, automation, and venture capital. What used to be a handshake business turned into a high-volume, low-margin data game. The human connection disappeared, replaced by algorithms and dashboards.

Today, most carriers never meet or speak to the person moving their freight. Transactions happen through apps, emails, and text messages. And in that vacuum, distrust thrives. When the market dips and rates fall, drivers naturally start asking: If I’m getting $1.95 a mile, what’s the broker pulling on this load? That is the root of this fight — not just money, but the lack of transparency in how the money is divided.

Carriers Demand Transparency

In November 2024, the Federal Motor Carrier Safety Administration (“FMCSA”) published a Notice of Proposed Rulemaking (“NPRM”) after receiving petitions from Owner-Operator Independent Drivers Association (“OOIDA”) and the Small Business in Transportation Coalition (“SBTC”). The proposed rule would convert what has historically been a contractual right for carriers (access to rate/transaction data) into a regulatory obligation for brokers. Specifically, the proposal would:

• Prohibits contract clauses that waive carriers’ access to those records.
• Requires brokers to maintain electronic transaction records (not paper or ad hoc);
• Modernizes what must be included in records (itemized fees, payment detail, claims);
• Mandates brokers must provide records within 48 hours of a request;

According to the latest Department of Transportation (“DOT”) regulatory agenda, the FMCSA is scheduling a second broker transparency NPRM for May 2026 (i.e., another round of proposals). Meanwhile, industry observers say the original transparency push has dropped after some brokers and associations aggressively pushed back. This included the Transportation Intermediaries Association (“TIA”), which has been vocal in its opposition to the NPRM and has repeatedly called the transparency regulations at 49 CFR 371.3 an “unnecessary, outdated, burdensome regulation.”

Broker transparency is not only about freight rates — it is about traceability and accountability. Ultimately, our Colorado truck accident lawyers want to identify the party responsible for the load. Unfortunately, too often, this is buried under layers of brokered subcontracts, shell carriers, and missing paperwork.

If the FMCSA strengthens transparency rules, victims in a Colorado truck accident could access a data trail that shows which broker hired which carrier, what representations were made about safety and insurance, and what compensation flowed through the chain. That means fewer shell games and less plausible deniability when unsafe carriers cause harm.

As a Colorado truck accident lawyer, I welcome a shift toward digital disclosure requirements. Mandating electronic record-keeping would finally replace the blurry rate confirmations and handwritten logs that plague discovery. In a world where truck telematics and data can pinpoint braking and speed within milliseconds, the idea that we cannot trace a paper invoice is absurd. Broker transparency is the kind of modernization that protects truckers and the public by illuminating the opaque middle layer of the freight industry.

Bowman Law: Colorado Truck Accident Lawyers

At Bowman Law, our Colorado truck accident lawyers understand truck accidents. The size and weight of commercial trucks often leads to more catastrophic injuries, long-term disability, or wrongful death. Trucking wrongful death cases involve complex federal safety regulations, aggressive corporate defense teams, and powerful insurance carriers determined to limit payouts. Our Colorado truck accident lawyers have the experience and resources to take on these challenges head-on.

We have built a reputation in trucking cases by combining deep knowledge of FMCSA regulations, skilled accident reconstruction, and relentless advocacy for our clients. From negligent hiring and driver qualification failures to violations of federal safety rules, our Colorado truck accident lawyers know how to uncover the evidence that makes a difference in the courtroom and at the negotiating table. At Bowman Law, we don’t just handle cases — we build them to withstand the most aggressive defense strategies.

After a Colorado truck accident, you deserve a law firm with a proven record of success. Please send us a message or call us at 720-526-0298 to schedule a free case evaluation. With Bowman Law on your side, you gain a team of Colorado truck accident lawyers who will fight to protect your rights, secure the compensation you need, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.