Road safety is a shared priority across North America’s freight and logistics ecosystem. Every year, millions of shipments move between manufacturing plants, distribution centers, ports, and consumers across the United States, Mexico, and Canada. Within this system, freight brokers play a critical coordinating role by connecting shippers with motor carriers.

In December 2025, a proposed U.S. House bill—the Patrick and Barbara Kowalski Freight Brokers Safety Act—reignited an ongoing debate around broker responsibility, carrier vetting, and where legal accountability should lie when accidents occur. While the bill is U.S.-focused, its implications are relevant to cross-border supply chains and stakeholders throughout North America.

This article provides a neutral overview of the legislation, outlines existing safety oversight mechanisms, and presents the main arguments both in favor of and against the proposal.

What the Bill Proposes

Introduced by Representative John Moolenaar, the Patrick and Barbara Kowalski Freight Brokers Safety Act would expand federal oversight of freight brokers and introduce new financial penalties tied to carrier safety records.

Under the proposal:

• Freight brokers could face civil penalties equal to 10% of the cargo value if they contract with a motor carrier deemed “unsafe.”

• A carrier would fall under this designation if it has three or more U.S. Department of Transportation (DOT) violations within the past five years, or if it employs a driver with three or more such violations during the same period.

• The Federal Motor Carrier Safety Administration (FMCSA) would receive expanded authority to investigate brokers following fatal crashes and impose additional operating requirements if “egregious disregard for safety” is found.

• Penalty funds would be directed to the Highway Trust Fund, which supports transportation infrastructure and safety programs.

The bill is named after Patrick and Barbara Kowalski, who were killed in a truck-involved crash in 2022.

Existing Safety Oversight in the United States

To understand the bill’s significance, it is important to review the safety framework already in place.

The Role of the DOT and FMCSA

The U.S. Department of Transportation (DOT) oversees transportation safety at the federal level. Within DOT, the FMCSA is responsible for regulating commercial motor vehicles and interstate trucking operations.

Key safety mechanisms include:

• Motor Carrier Authority & Registration: Carriers must be properly registered and maintain active authority.

• Safety Measurement System (SMS): FMCSA uses roadside inspections, crash data, and violations to assess carrier safety performance.

• Compliance, Safety, Accountability (CSA) Program: Tracks carrier behavior across categories such as driver fitness, hours of service, vehicle maintenance, and unsafe driving.

• Out-of-Service Orders: FMCSA can shut down carriers or drivers that pose an imminent safety risk.

• Insurance and Financial Responsibility Requirements: Carriers must meet minimum insurance thresholds.

Freight brokers are already required to:

• Maintain federal broker authority

• Carry a $75,000 surety bond

• Work only with authorized motor carriers

Supporters’ Perspective: Increased Accountability and Prevention

Proponents of the legislation argue that the bill addresses a gap between legal compliance and practical responsibility.

Key arguments in favour include:

• Enhanced Due Diligence: Supporters believe brokers should go beyond basic authority checks and more actively assess safety patterns.

• Shared Responsibility: Brokers influence which carriers receive freight, and therefore play a role in safety outcomes.

• Deterrence Effect: Financial penalties tied to cargo value could discourage risky carrier selection practices.

• Victim Advocacy: The bill reflects growing public concern that preventable crashes require stronger accountability across the supply chain.

From this perspective, the act is seen as a preventive measure designed to reinforce safety culture rather than shift blame.

Critics’ Perspective: Practical, Legal, and Economic Concerns

Opponents—including brokers, carriers, and legal analysts—raise concerns about feasibility and unintended consequences.

Common critiques include:

• Broad Definition of Violations: DOT violations range from administrative paperwork issues to serious safety infractions. Treating them equally may not accurately reflect actual risk.

• Operational Burden: Brokers handle high transaction volumes and rely on existing FMCSA data, which may not be updated in real time.

• Subjectivity in Enforcement: Terms such as “egregious disregard for safety” are open to interpretation, potentially leading to inconsistent enforcement.

• Impact on Small Carriers: New or small fleets may accumulate minor violations disproportionately, limiting access to freight.

• Supply Chain Costs: Reduced carrier pools could increase transportation costs, affecting manufacturers, food producers, pharmaceutical companies, and consumers.

Critics also point out that carrier safety enforcement already exists and argue that adding broker liability may duplicate or distort current regulatory structures rather than address root causes such as driver fatigue, infrastructure limitations, or inspection resource constraints.

Cross-Border Relevance for Mexico and Canada

Although the bill applies to U.S. law, it is relevant for:

• Mexican and Canadian carriers operating in the U.S.

• Cross-border brokers and 3PLs

• Shippers moving goods under USMCA frameworks

Companies operating across North America often rely on harmonized compliance processes. Changes in U.S. broker liability standards could influence carrier approval policies, insurance requirements, and risk management practices across the region.

Ongoing Legal and Regulatory Context

The debate around broker liability is not new. U.S. courts have increasingly examined whether brokers can be held responsible for accidents involving contracted carriers. The issue reached a new level in 2025 when the U.S. Supreme Court agreed to hear a case involving broker liability, signaling that judicial interpretation may evolve regardless of legislative outcomes.

Mexicom Logistics: A Cross-Border Perspective

As a company operating across Mexico, the United States, and Canada, Mexicom Logistics closely follows regulatory developments that affect freight brokerage, carrier selection, and cross-border transportation. From a practical standpoint, safety compliance is already a core component of cross-border operations, given the multiple regulatory layers involved when freight moves between jurisdictions. Mexicom Logistics works with authorized carriers and established vetting processes aligned with current DOT and FMCSA requirements, while also recognizing the operational realities faced by carriers and brokers of different sizes. From this perspective, ongoing dialogue between regulators, industry participants, and shippers remains essential to ensure that safety objectives are strengthened without creating unintended barriers to trade or efficiency in North American supply chains.

Official Sources and References

• Full Bill Text (PDF) – Patrick and Barbara Kowalski Freight Brokers Safety Act
  Download PDF from Congressman Moolenaar’s Office
  (Official text of the bill as introduced in December 2025)
• Federal Motor Carrier Safety Administration (FMCSA)
  FMCSA – Broker Safety and Carrier Oversight
  (Regulations, safety measurement systems, and compliance information)
• U.S. Department of Transportation (DOT)
  DOT Official Site
  (Federal rules and policies governing commercial motor vehicles)