H.R. 5997 would amend title 49, United States Code, to require a motor carrier, broker, or freight forwarder that collects a fuel surcharge to pay an amount equal to the surcharge to the person that bears the cost of the fuel.
Detailed Summary
Fairness in Trucking Transactions Act - Amends federal transportation law to require certain fuel cost reimbursements by a motor carrier, broker, or freight forwarder providing or arranging truckload transportation or service using fuel for which it does not bear the cost.
Requires such a motor carrier, broker, or freight forwarder to reimburse persons (truckers) that do bear fuel costs for any such costs they have paid.
Prohibits any person from causing a motor carrier, broker, or freight forwarder to present false or misleading information on a document or in an oral representation about the actual rate, charge, or allowance to any party to the transaction or transportation.
Sets forth additional civil penalties (including the award of treble damages by a court) for a motor carrier, broker, or freight forwarder that fails to make a fuel cost payment to the cost bearer.
Provides for the confidentiality of information obtained by the Secretary of Transportation or the Surface Transportation Board in investigations of alleged violations of the payment of fuel costs.
Status of the Legislation
Latest Major Action: 5/9/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Highways and Transit.
Points in Favor
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Points Against
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Visitor Comments
ANNONIMOUS
I am voting for this bill because I own trucks that are leases with a company that does not pay the full fuel surcharge, and that is no ware close to fair. They should not be allowed to keep any of the fuel surcharge. We should not have to pay to keep their company running while they are raking in millions and we are living week to week. PLEASE VOTE FOR THIS BILL
5mouths2feed
In all reality this bill should not be needed since THEFT is already illegal. This bill has nothing to do with undermining capitalism that is what frieght rate haggling for. FSC is to pay for fuel not brokers wages. I fully support this bill. Anyone against this has something to hide.
Matt - OverTime
Yes, I vote FOR this bill to be passed!
UnitedCDL.org
United We Stand - Divided We ROLL
Bill
Truck Drivers: You are shooting yourselves in the foot. Freight is a free market. Rates are driven by the market, not by brokers. Brokers make the market more efficient. Access to more loads allows you to lower your empty miles and increase asset utilization. Brokers can't control supply and demand. Brokers have a vested interest in the health of the whole industry. This bill will drain profits for EVERYONE in the industry. This is not rocket science, it is basic first year economics.
roberto
how is it that all people pay more
for stuff goverment pay more for
stuff that we the people give to
goverment . whats wrong with trans-
perance pass all bills.
s2910 hr5934 hr5977
Ross
Supply and demand works when everybody is dealing honestly. Look at what's happening in the oil market now. There is a 2 million barrel a day surplus, demand is going down, but the speculators are buying up future production on paper to increase the price. The people doing this have lost their money in the mortgage meltdown and are trying to make their money on OUR backs.
Same thing in trucking. As companies go bankrupt demand for drivers increase because goods still have to be moved. Are rates increasing according to supply and demand? NO. Why? Because middlemen are manipulating the price. Keeping fuel surcharge and screwing the drivers. When "free" markets don't obey law of supply and demand - FOLLOW THE MONEY!
Misty
I wonder if the government would like to know that brokers were pimping out those 7100.00 dollar FEMA loads for 2400.00......Taxpayers money......What we really need besides this bill is bring the dirty broker world to real-estate....Make them tell us as carriers the cost of their services....then we can make a informed decision if they are a good tool to business or a mere rip off....
Many brokers are sitting out here taking 40-50% of loads, deceiving shippers and carriers....That hurts our economy....
If we have a watch dog on here....go check out who moved those FEMA loads and for what price, even the government may find they paid the middle guys big bucks and the trucks little or nothing.......then you'll know who is totally screwing who out here....
Then call Landstar and ask them how they can vacation in Marcos Island in 07 and give 2 trucks away FREE, while guys are out here trying to hang onto one truck....
Brokering has become a big Scam with no negotiation.
The Voice of Reason
So brokers make 40-50% per load? That'd be nice. Average gross margins are ~17% and average net margins across all brokers are closer to zero. I don't know what crazy Landstar nonsense you are referring too, but Landstar has revenues of over $2.5 billion. I sure hope they can afford to give away a few free trucks.
I'm sure some FEMA loads had high margins, but they were also high risk loads for brokers to take. Some made money, some lost. It was impossible to find trucks at that time.
Brokers can't manipulate the price. It's basic economics, and why on earth would we want to screw drivers? It's called the LAW of supply and demand, and it doesn't make exceptions for brokers.
Paul
Misty,
Your comments are foolish. You make all truckers and drivers look bad.
When carriers charge $4.00 a mile is that fair?
Frederick (SilverSurfer) Schaffner
There apparently seems to be some miss-understanding to this issue. The fuel surcharge was created after the '73 trucker strike. This legislated the person paying the fuel bill was to receive the fuel surcharge, only it was neglected to protect the person paying the fuel bill with transparency to ensure they weren't getting robbed. These TRUCC bills corrects that mistake from '73.
This is an issue of companies and brokers keeping a portion, or all, of a charge which is dedicated to the person paying the fuel cost. Fuel surcharge is not a freight rate. It's tacked onto the bill based upon fuel price variances. Brokers don't pay the fuel costs, which is what the surcharge is for, and the law states the surcharge portion of the freight bill goes to the person paying the fuel costs.
I vote for passage of these bills. It's time to protect professional drivers...the backbone of our economy.
Safe Trails and God Bless,
www.theamericandriver.com
allen
The Voice of Reason
quote;So brokers make 40-50% per load? That'd be nice. Average gross margins are ~17% and average net margins across all brokers are closer to zero. I don't know what crazy Landstar nonsense you are referring too, but Landstar has revenues of over $2.5 billion. I sure hope they can afford to give away a few free trucks.
I'm sure some FEMA loads had high margins, but they were also high risk loads for brokers to take. Some made money, some lost. It was impossible to find trucks at that time.; end quote.
high risk my aunts pitutie , they are government loads and the government pays their bills,
and 17% margins with o% net come on no onw buys lincolns or Caddys on 0% profits except of course if they be on welfare.
if that is all you are making you need to go back to being a used car salesman.
Jamie
This issue should be turned down
just like every other unconstitutional law the Federal Gov. has been or is trying to pass.
what the goverment needs to do is return our hard earned money to us, they steal money in the form on income taxes, and more.
Have they ever heard of the Revolution.....
Taxation was a big part in its happening.
j tava
screw you all...i own a company and i love my money...you'll get what i give you and like it
tired2
j tava, that was spoken by a true thief in the business,should this legislation pass you will be one of the first to go.seems your TIA spokeman didnt do a very good job of snowballing the transportation committee into believing his endless lines of garbage.