Unsafe Carriers and Freight Brokers Targeted in New Proposed Bill

New Freight Broker Bill Targets Unsafe Carriers

New federal legislation focused on freight broker accountability and roadway safety has been introduced in the U.S. House of Representatives. The proposal is titled the Patrick and Barbara Kowalski Freight Brokers Safety Act. The bill centers on limiting freight broker relationships with unsafe carriers that have a record of serious safety violations.

The legislation was introduced on December 18, 2025, by Michigan Rep. John Moolenaar. It focuses on how freight brokers select trucking companies and seeks to make safety a higher priority when contracts are awarded.

Background: Fatal Crash Linked to Unsafe Carriers

The bill is named after Patrick and Barbara Kowalski, Michigan residents who were killed in a trucking crash in 2022. Information tied to the legislation states that the trucking company involved in the crash had multiple Department of Transportation (DOT) safety violations.

Following the crash, the Kowalskis’ daughter, Shannon Mertz, contacted Rep. Moolenaar. She shared details about the incident and raised concerns about how freight brokers work with carriers that have poor safety records. Her outreach helped shape the focus of the bill and its attention on unsafe carriers.

Lawmakers supporting the proposal say the goal is to reduce the risk of similar tragedies by strengthening accountability across the freight industry.

Penalties for Freight Brokers Contracting Unsafe Carriers

The main provision of the proposed bill creates a new financial penalty tied directly to carrier safety history.

Under the bill, a freight broker would be required to pay a civil penalty equal to 10 percent of the total value of the contracted cargo if the broker contracts with unsafe carriers. The penalty would apply when, within the previous five years, a trucking company:

• Has received three or more DOT violations, or

• Employs a driver who has received three or more DOT violations.

The penalty would apply to the full contract value between the broker and the carrier. It would not be limited to a single shipment.

Penalties to Fund to Roadway Safety

Any penalties collected from brokers that contract with unsafe carriers would be deposited into the federal Highway Trust Fund. This fund supports transportation and highway projects across the United States.

The bill allows the Secretary of Transportation to use the funds without additional approval from Congress. The money could be used for projects or infrastructure improvements that increase roadway safety. Eligible uses fall under existing federal transportation laws related to highways and motor carrier safety.

Supporters say this approach connects enforcement actions directly to safety improvements on public roads.

Expanded FMCSA Authority After Crashes Involving Unsafe Carriers

The legislation also expands the authority of the Federal Motor Carrier Safety Administration.

If enacted, FMCSA would be authorized to investigate a freight broker after a fatal crash involving a carrier hired by that broker. These investigations would focus on whether the broker showed poor judgment when contracting with unsafe carriers.

If FMCSA finds that a broker acted with what the bill calls an “egregious disregard for safety,” the agency could impose additional operating requirements on that broker. The requirements would depend on the results of each investigation.

Increased Focus on Broker Decisions and Unsafe Carriers

The bill highlights the role freight brokers play in shaping safety outcomes within the trucking industry. Brokers often decide which carriers move freight, giving them influence over which trucks are operating on the road.

By creating financial consequences tied to unsafe carriers, the legislation aims to encourage brokers to review safety records more closely before signing contracts. It also places greater pressure on carriers to address violations that could limit future freight opportunities.

Potential Industry Impact

If the bill becomes law, it could change how both brokers and carriers operate.

Freight brokers may increase their focus on safety data, inspection histories, and driver records. Motor carriers with repeated violations may face more difficulty securing freight or may receive closer scrutiny during contract reviews.

Industry groups are expected to study the proposal as it moves through Congress, especially how violations are counted and how enforcement would be applied.

Legislative Status of the Proposed Bill

The bill has been introduced in the House of Representatives and referred to committee. No hearings or votes have been scheduled.

As the legislative process continues, revisions are possible. Additional guidance from federal agencies would be required if the bill is enacted.

The full bill text outlines how penalties for unsafe carriers, funding use, and expanded investigative authority would be implemented.