Freight dispatch broker-line self-check

Freight Dispatching Service | PublicProof Academy working document

Walks through FMCSA's 2023 bona fide agent factors and broker-authority red flags before you take on a new carrier or new type of work.

Business

State or jurisdiction

Prepared on

Owner

Official source saved

Next review

Factors that support operating without broker authority

Written contract appointing me as this carrier's agent, with insurance and liability terms
I comply with any state licensing rule for my state (checked the requirements table)
I book through brokers and do not seek or solicit shippers
I am paid only by the carrier under the written agreement, never by a broker, 3PL or factor
I am not part of the financial transaction between broker and carrier
I am a 1099 contractor or W-2 employee of the carrier as the contract states
I disclose on every call that I dispatch for this specific carrier
I never re-assign or re-broker a load to another carrier
I only work for carriers that have appointed me in writing

Stop signs: broker authority likely needed

I negotiated directly with a shipper or shipper's representative
I received or handled payment from a broker or factoring company
I booked for a carrier without a signed agreement
I accepted a load before a truck was committed
I chose which of my carriers got a load
My company is named on the shipping contract
I posted a load to the open carrier market

Decision

Any stop sign checked: stop, fix the process, or talk to a transportation attorney about broker registration
Date reviewed and reviewer name

Use rule: Education and organization only. Record the agency, official source, checked date, cost, proof saved and responsible person for every consequential requirement. Unknown means stop and confirm. Example rows are labeled EXAMPLE and are not your data.