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Federal Carrier Selection Guidance Remains Elusive for Third-Party Logistics Providers, TIA Warns

By MGN Editorial•October 27, 2026 at 06:00 PM

The Transportation Intermediaries Association says federal regulatory guidance on carrier hiring practices for freight brokers and 3PLs is unlikely to arrive in the near term, leaving the brokerage community in a state of legal uncertainty following two adverse court rulings.

## Federal Carrier Selection Guidance Remains Elusive for 3PLs The freight brokerage and third-party logistics community should not expect imminent federal guidance on carrier selection practices, according to the Transportation Intermediaries Association (TIA), leaving brokers and 3PLs navigating a complex and uncertain legal landscape. According to FreightWaves, TIA moved swiftly earlier this year following two significant court decisions that went against the brokerage sector, formally petitioning the federal government to establish clearer standards for carrier hiring practices. The association sought regulatory clarity on what due diligence measures would protect 3PLs from liability when selecting motor carriers — a question that has grown increasingly urgent as litigation in this area intensifies. However, TIA's Burroughs indicated that a federal response is not forthcoming in the short term, a development that will concern freight intermediaries who had hoped for regulatory safe harbors to guide their operations. ### Why This Matters The absence of clear federal standards places freight brokers and 3PLs in a difficult position. Without defined carrier vetting benchmarks, intermediaries remain exposed to negligent hiring claims when carriers they engage are involved in accidents or cargo incidents. The two court rulings referenced by TIA have already signaled that courts may hold brokers to a higher standard of carrier oversight than the industry had previously assumed. For maritime freight stakeholders — including non-vessel operating common carriers (NVOCCs), freight forwarders, and intermodal logistics providers — the regulatory ambiguity extends beyond trucking, touching on multimodal liability questions that affect supply chain operations from port to final destination. The TIA continues to engage with federal agencies on the issue, but intermediaries are advised to review and strengthen their internal carrier qualification and monitoring procedures in the interim, rather than await regulatory guidance that may be months or years away. *Source: FreightWaves*
#freight brokerage#3PL#carrier selection#regulatory compliance#Transportation Intermediaries Association#logistics liability#intermodal freight

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