High-Risk Motor Carrier List: Petition to the FMCSA

TIA Petition Seeks New High-Risk Motor Carrier List

A major freight broker trade group is asking federal regulators to create a new national safety standard for choosing trucking companies. The request could affect how brokers and shippers decide which carriers receive freight. The Transportation Intermediaries Association, known as TIA, filed a petition for rulemaking with the Federal Motor Carrier Safety Administration on June 9, 2026. The petition asks FMCSA to create a federal Motor Carrier Safety Selection Standard and to publish a public High-Risk Motor Carrier List.

The request follows the U.S. Supreme Court’s decision in Montgomery v. Caribe Transport. TIA says that ruling has increased legal pressure on brokers and shippers when they select a motor carrier to move freight.

The petition does not create a new rule. It also does not create a high-risk carrier list yet. It is a formal request asking FMCSA to begin a rulemaking process.

Still, the petition could matter to truck drivers, owner-operators, and small carriers. It focuses on how safety data may be used when brokers and shippers choose a motor carrier.

TIA Wants a Federal Motor Carrier Safety Standard

TIA is asking FMCSA to create a clear federal standard that would explain when it is reasonable for a broker or shipper to use a motor carrier.

The group says brokers and shippers now face pressure to make safety decisions without clear federal rules or complete safety information. TIA argues that the federal government should decide which carriers are safe to use. It says that decision should not fall to individual brokers, shippers, judges, or juries.

In its proposed standard, TIA says a broker or shipper should be able to use a motor carrier if that carrier meets three basic conditions.

The carrier must be properly registered. It must have the required insurance. It also must not have been declared unfit or ordered out of service by FMCSA or a state agency.

That would give brokers and shippers a simpler process for selecting carriers. It could also reduce the number of different safety standards used across the country.

Why the Petition Matters After the Supreme Court Ruling

The timing of the petition is important.

TIA filed the request after the Supreme Court’s decision in Montgomery v. Caribe Transport. According to TIA, the ruling has created more legal risk for brokers and shippers. The concern is that brokers could face lawsuits claiming they hired or selected an unsafe carrier after a crash.

Because of that risk, brokers may become more cautious about which carriers they use.

That is where the issue becomes important for trucking companies. If brokers and shippers tighten their carrier-selection rules, some carriers could have a harder time getting loads. That may happen even if they are still legally allowed to operate.

This could be especially important for smaller carriers and owner-operators with their own authority.

High-Risk Motor Carrier List Could Raise the Stakes

TIA is also asking FMCSA to publish and maintain a High-Risk Motor Carrier List.

According to the petition, the list would identify carriers that exceed intervention thresholds in three or more BASIC categories within FMCSA’s Safety Measurement System. TIA also says carriers could be listed if they exceed thresholds in key categories.

Those categories include Unsafe Driving, Crash Indicator, Hours-of-Service Compliance, and Vehicle Maintenance.

These areas are already important in trucking. However, a public high-risk list could make them even more important in business decisions.

A carrier listed as high risk could face more questions from brokers, shippers, insurers, and customers. That could affect freight access, contract opportunities, and day-to-day operations.

For drivers, the proposal could also increase pressure on roadside inspection results, hours-of-service compliance, maintenance practices, and safe driving records. A fleet’s safety profile can be shaped by the work drivers do every day.

Most Carriers Have No FMCSA Safety Rating

One of TIA’s main arguments is that most motor carriers do not have an FMCSA safety rating.

The petition says more than 90% of motor carriers currently operate without a safety rating. That creates uncertainty for brokers and shippers that must decide whether a carrier is safe to use.

TIA also points out that FMCSA’s Safety Measurement System is not the same as a federal safety rating. SMS data is used to help prioritize possible enforcement action. It is not meant to be a full judgment of a carrier’s overall safety condition.

That leaves brokers and shippers in a difficult position. They may look at available safety data, but that data may not give a complete picture.

For trucking companies, the same gap can create business risk. A motor carrier may be judged by incomplete or limited public data, especially when brokers are trying to reduce liability.

Small Motor Carrier Businesses May Have the Most at Stake

The petition has major relevance for small trucking companies.

TIA says about 91.5% of motor carriers registered with FMCSA operate 10 trucks or fewer. That means any new carrier-selection standard could affect a large share of the trucking industry.

Small carriers may not have the same compliance staff, legal support, or safety management systems as larger fleets. They may also have fewer inspections, which can make safety data harder to interpret.

TIA warns that without a federal standard, brokers and shippers may overcorrect. That could lead them to avoid smaller carriers or carriers with unclear safety profiles, even if those carriers are compliant and legally authorized to operate.

For owner-operators with their own authority, the concern is direct. If broker vetting becomes stricter, freight access could become more difficult. A carrier’s public safety data may carry more weight when brokers decide who gets a load.

What This Could Mean for Truck Drivers

The petition is aimed at brokers, shippers, and FMCSA. But the effects could reach drivers.

Company drivers may see more attention placed on violations that affect a fleet’s safety profile. That could include speeding, hours-of-service violations, maintenance problems, inspection issues, and crash history.

Owner-operators may face even more direct pressure. A poor inspection history or safety profile could make it harder to win freight from brokers. Clean safety records could become a stronger business advantage.

Small fleets may also place more focus on driver coaching, equipment repairs, inspection readiness, and compliance documentation. If brokers start relying more heavily on safety data, carriers will have more reason to reduce violations and correct problems quickly.

Motor Carrier Petition Is Not a Final Rule

It is important to note that TIA’s petition does not change FMCSA policy by itself.

FMCSA would need to review the petition and decide whether to move forward. If the agency chooses to act, it could begin a formal rulemaking process. That process would likely include public notice and an opportunity for comments.

No new federal carrier-selection standard has been adopted. No public high-risk carrier list has been created as a result of the petition.

For now, the petition signals growing pressure on FMCSA to modernize how motor carrier safety fitness is judged. It also raises questions about how safety information may be used in freight decisions.

Freight Access Could Become the Bigger Issue

The petition is about safety, but the practical trucking issue is freight access.

If FMCSA creates a clear federal standard, brokers and shippers may have more confidence when choosing carriers. That could help reduce confusion in the market.

However, if FMCSA also creates a public High-Risk Motor Carrier List, some carriers could face serious business consequences. Brokers and shippers may avoid listed carriers, even before a carrier is formally shut down.

That makes this issue important for truck drivers, owner-operators, small fleets, and safety departments. The way safety data is used could play a larger role in who gets freight, who loses business, and how carriers manage compliance in the years ahead.