The Golden Age of Trucking is Over

Being Dealt it's Death Blow by the Supreme Court and Serious Changes by the FMCSA

 

In the last 2 weeks or so (as of May 2026), we have seen 2 of the most impactful events that are changing the trucking industry like never before. Even more so than the deregulation of the late 1970's and early 1980's when I first entered the industry. Some trucking companies have already shut down or temporarily parked their truck(s). Those who temporarily parked their truck(s) are waiting to see how this will all shake out for them while others are looking for different broker/customer opportunities in an effort to stay in business.

 

Many Independent Owner Operators, Insurance company representatives, Software developers as well as other interested parties have all reached out to me. I have been answering all of their questions on a one on one basis. All of them have many of the same concerns. Sharing those same insights & opinions with what is happening and what I believe is yet to come is my effort to help you navigate these changes and plan for long term success.

 

 

Disclaimer: This is my understanding of the current situation and as such I offer the following as an opinion only and is not to be considered as legal advice.

 

 

First, the Supreme Court decision holding that CH Robinson is liable for the actions of the trucking company and the trucking company's driver while transporting a load for CH Robinson.

 

  1. It is important to note that while CH Robinson is a broker, this decision may not ONLY be for brokers. In other words, since our CSA scores are public information ANY CUSTOMER MAY BE HELD LIABLE FOR HIRING AN UNSAFE TRUCKING COMPANY.

  2. This creates what we call in insurance "risk." Meaning that now any entity who hires a trucking company has the legal "risk" of liability for anything/everything a trucking company does while transporting a load for that entity... be it a broker, a direct shipper or potentially even individuals.

  3. Any entity who wishes to reduce that "risk" will now make decisions based on a trucking company's CSA score. CH Robinson, for obvious reasons, is the first.... Excerpt from Freightwaves: The message, branded under C.H. Robinson and titled “Changes to carrier eligibility,” tells the recipient that their company “exceeds intervention thresholds for C.H. Robinson’s scoring model based on data from the FMCSA.” Effective immediately, the notice states, the account is moved to non-certified status until BASIC scores improve. The carrier loses access to book loads on Navisphere Carrier and through their aligned representative immediately. Loads in transit deliver and get paid as normal. Existing payables process in full. But the ability to book new freight is gone until the safety scores come back into the broker’s acceptable range. I'm 100% certain other brokers, especially the large ones like Landstar, Schneider, JB Hunt, Coyote, TQL, etc. will follow suit if they haven't already. Equally so, I'd expect large direct shippers to do the same.

  4. As the large brokers purge the carriers they are willing to do business with, the small brokers will have more trucking companies with less than desirable CSA safety scores competing for those broker's loads. Basic rules of supply and demand means that available loads from those smaller brokers will pay less. Those brokers will also be able to begin being more selective with the trucking companies they are willing to do business with based on each companies CSA scores.

  5. With this decision by the Supreme Court I expect the FMCSA has already been working on mandatory BIPD liability for brokers now too. I can't imagine how they would or could turn a blind eye to this new reality that truck/freight brokers (or forwarders) now have a legal liability to innocent third parties. IE, the public.

  6. And as expected, here come the ambulance chasing insurance stalkers (lawyers)!

  7. Considering both 5 & 6 it's easy to foresee how we are only in the very early stages of massive changes. Undoubtedly, this court decision will purge both trucking companies and brokers out of the industry.

 

Second, the FMCSA closing down the now obsolete SAFER & Licensing and Insurance website and switching to the new FMCSA MOTUS website. This change is far less significant to those like us who already have a USDOT & MC number, but none the less does come with some potentially difficult hurdles.

 

  1. Any new applicant must create a Login.gov account using their driver's license or passport and then take a photo of their face that is accepted. Then, the FMCSA, using the Login.gov credentials, does a comprehensive background and identity verification process. If the applicant does not pass these security measures they are not even permitted access to MOTUS to be able to apply for a USDOT or MC number.

  2. Those of us who do have an already existing USDOT and/or MC number may also be required to create a Login.gov account to file the Biennial Update or to make any changes such as company name, address, type (LLC, Inc, Sole Proprietorship, etc.), commodities, etc.

  3. Because of these strict security measures, those of us who do have an already existing USDOT and/or MC number should attempt to Login to MOTUS as soon as possible. If we are denied access, we can then follow the process to create or re-create our login credentials. That way, when we need to make changes or complete our Biennial Update when it is due, we can login and make those changes on time. Otherwise we risk being out of compliance with the FMCSA and putting our USDOT and/or MC number at risk of being "involuntarily revoked" by the FMCSA.

 

If I can assist you in any way or answer any question I did not already discuss please do not hesitate to contact me. I'm always happy to help!