Patrick and Barbara Kowalski Freight Brokers Safety Act
Summary
The "Patrick and Barbara Kowalski Freight Brokers Safety Act" aims to enhance roadway safety by penalizing freight brokers who contract with unsafe carriers. It amends Title 49 of the United States Code to establish a penalty for brokers who contract with transportation companies that have a history of safety violations. The Act also grants the Federal Motor Carrier Safety Administration (FMCSA) the authority to investigate freight brokers following fatal crashes involving companies they contracted.
Expected Effects
This bill, if enacted, would likely lead to increased scrutiny of transportation companies by freight brokers. It would also incentivize brokers to prioritize safety when selecting carriers. The penalties collected would be deposited into the Highway Trust Fund and used for projects that increase roadway safety.
Potential Benefits
- Increased safety on roadways due to brokers being more selective about the carriers they contract with.
- Funding for roadway safety projects through penalties collected from brokers.
- Potential reduction in fatal crashes involving unsafe carriers.
- Greater accountability for freight brokers in ensuring the safety of transportation companies they utilize.
- Improved oversight and investigation of brokers following fatal crashes.
Potential Disadvantages
- Potential increase in costs for freight brokers due to increased due diligence and potential penalties.
- Possible delays in freight transportation as brokers conduct more thorough safety checks.
- Could disproportionately affect smaller freight brokers who may lack the resources for extensive safety investigations.
- Potential for unintended consequences if the definition of "unsafe carrier" is too broad, leading to unnecessary penalties.
- May lead to increased litigation if brokers dispute the assessment of penalties or the findings of FMCSA investigations.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. By regulating freight brokers and transportation companies, the bill aims to ensure the safety and efficiency of interstate transportation. The bill's provisions for penalties and investigations do not appear to infringe upon any specific constitutional rights, provided due process is followed in assessing penalties and conducting investigations. The use of funds for roadway safety aligns with the general welfare clause.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).