Transportation Intermediaries Association
Published in the Marketplace Digest April 25, 2024
FMCSA’s New Ruling on Asset Readiness

Content Provided by TIA Bond Program

FMCSA’s New Ruling on Asset Readiness

FMCSA has a New Ruling on Asset Readiness scheduled for January 16,2026.

What you need to know:

Beginning in January 2026 companies who issue a Trust Fund (BMC-85) must satisfy the FMCSA (MAP-21) requirements for property broker and freight forwarder authorities with a $75,000 bond/trust that consists of asset readily available in 7 calendar days. It is also worth noting that loan and finance companies will be prohibited from serving as BMC-85 trustees under the new rules.

This new ruling states that Trusts will only be permitted to be funded by one of the following: Cash, Irrevocable Letter of Credit (ILC) issued by the FDIC or NCUA or Treasury Bond.

What to Ask:

  • Check if you have a Bond (BMC-84) or a Trust (BC-85) on file with the FMCSA.
  • Ask your Agent/ Surety/Trust Company if your Trust (BMC-85) is fully funded or collateralized. And if it meets the Asset Readiness Requirements.
  • A Finance Company who issued your Trust (BMC-85) will no longer be permitted to do so after January 16,2026. Ask your Finance Company about their plan to comply with this New FMCSA Ruling.
  • Per MAP-21, claims submitted within 18 months after a Bond or Trust has been cancelled or replaced and during that trust or bond period, fall under a statute of liability and must be reviewed and paid if deemed valid. Typically, collateral funds will be held for 18 months to cover this period of liability before being released.

What you can do:

  • If you have a Trust on file with the FMCSA that is fully collateralized and meets the asset readiness criteria defined by the FMCSA, then No Action is required.
  • If you have a Trust (BMC-85) on file with the FMCSA that you have not fully fund or collateralize. You should ask your Finance Company, or representative for an action plan to replace with a Bond (BMC-84) or a Trust (BMC-85) that meets the asset readiness guidelines.
  • If your Trust (BMC-85) is replaced by another Trust or a Bond (BMC-84), plan ahead and ask about the release of funds if you have collateralized your Trust.

How can TIA Help:

The TIA Bond Program satisfies the FMCSA (MAP-21) requirements for property broker and freight forwarder authorities with a $75,000 bond. Higher bond limits of $100,000 and $250,000 are available exclusively for TIA members.

TIA has proudly partnered with industry leading insurance broker, Avalon Risk Management, to develop a quality bond program that’s exclusive to TIA members. The TIA Bond Program is a reflection of our Integrity and Values as a leader and advocate for third-party logistics professionals doing business in North America.

With dedicated underwriters and an experienced claims staff with over 30 years of broker surety administration, the TIA Bond Program provides the most comprehensive coverage and support when you have a claim. Shippers and carriers can feel confident knowing that our claims staff handles claims in accordance with MAP-21 regulations and will determine what qualifies as a valid claim against a broker’s bond.

Our bond program is underwritten much like an insurance program where your annual premium is based on your financials, insurance information, and credit score. We take a comprehensive approach, evaluating each company as a whole, rather than a one-size-fits-all pricing method.

Apply online at www.tiabond.com for a Free review and quote and a Licensed Avalon Agent will follow up with you within 48 hours.

Carrying a TIA bond showcases your commitment to a code of professionalism and higher standards of excellence. Only the very best companies go above and beyond.

The full FMCSA Final Rule can be found online.

https://www.federalregister.gov/public-inspection/2023-25312/broker-and-freight-forwarder-financial-responsibility

By: Wendy Emerson

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