Starting January 16, 2026, FMCSA will begin checking all trust providers against BMC-85, GoCDL.us informs.
Let us remind, “a BMC-85 is a mandatory financial instrument for U.S. freight brokers and forwarders, representing a $75,000 trust fund established with a bank or financial institution to guarantee payment to shippers/carriers if the broker defaults, contrasting with the BMC-84 surety bond by requiring direct cash/asset deposit instead of a premium, often chosen for control but demanding significant upfront capital. It’s a formal agreement filed with the FMCSA (Federal Motor Carrier Safety Administration) under Form BMC-85, proving financial responsibility for licensing.”
If your trust does not meet the new requirements, it must be replaced.
What brokers need to know:
1) 30 days to replace If a provider is deemed non-compliant, the broker has exactly 30 days to submit a new bond or trust from a qualified provider.
2) Only electronic submission
The replacement must be completed through the FMCSA Registration System, otherwise the old bond will not be automatically replaced.
3) If you don’t have time, stop your business
After 30 days without a proper submission, the operating authority will be immediately suspended.
The FMCSA has provided a list of documents that can be requested from trust providers:
– trust agreement
– proof of segregated funds
– FDIC or NCUA certificates
– proof of state registration
A new tool for reporting fraud
Although the FMCSA states that it does not act as a mediator in disputes over individual bond claims, the new guidance emphasizes the availability of an updated resource for the industry: The National Consumer Complaints Database has been expanded to allow carriers and shippers to file formal complaints against freight brokers for fraudulent activities or violations of regulatory requirements.
Photo Bogdan Krupin, Pexels