Regulatory changes reshape freight transportation

U.S. Supreme Court decision and carrier vetting

The Montgomery decision continues to drive changes across the transportation industry as freight brokers, carriers, shippers, and insurers reevaluate carrier safety vetting. In response, many companies are strengthening carrier qualification, increasing documentation requirements, and enhancing ongoing screening.

The legal landscape remains unsettled because the Supreme Court ruling refers to but did not define the parameters for “reasonable care” in selecting a carrier. While many industry commenters suggest criteria to be considered, practical due diligence processes remain the responsibility of brokers and shippers who engage motor carriers directly. This highlights the need to deeply understand your vetting criteria internally or the criteria of brokers working on your behalf.

Read about C.H. Robinson’s carrier vetting practices.

U.S. carrier registration system rollout

The transition to the new federal MOTUS registration platform has suffered from implementation errors when carriers update information such as their insurance or miles traveled. This has resulted in conflicting information published regarding a carrier’s status, in some cases inaccurately displaying that a carrier’s authority is inactive. The Federal Motor Carrier Safety Administration (FMCSA) says it is dedicating resources to fix these problems as the system matures.

English Language Proficiency enforcement

The proposal to formally classify an English Language Proficiency violation as one that would take a truck driver off the road has advanced in the federal rulemaking process, with the U.S. Office of Management and Budget recently completing its review. The next step is publication of the proposed rule in the Federal Register, which is expected to begin a public comment period before the FMCSA develops a final rule.

The proposal would move English language enforcement from agency guidance into regulation, making the standard more durable and enforceable nationwide. If finalized as an out-of-service violation, this would represent another step in the U.S. administration’s efforts to tighten commercial driver requirements.

Non-domiciled CDL legislation

Congress and FMCSA continue to work on standards for truck drivers who are authorized to work in the United States but don’t live in the state that issued their commercial license. Recent regulatory changes narrowed eligibility requirements to those who hold specific types of visas and increased verification, reflecting broader concerns around driver qualification and state compliance.

Legislative proposals would make many of these reforms permanent, pushing drivers out of the market over the next five years as current licenses expire. This signals continued momentum toward stricter licensing, vetting, and enforcement standards.

Funding for roads, bridges, and other transportation programs

A short-term extension of U.S. surface transportation programs is becoming increasingly likely as the September 30 deadline to reauthorize the legislation approaches. While the House Transportation & Infrastructure Committee overwhelmingly approved Chairman Sam Graves’ BUILD America 250 Act, the bill has not yet received a vote on the House floor. Meanwhile, the Senate has not released a comprehensive proposal, making it difficult to complete a five-year bill before the current one expires.

Absent significant movement in either chamber, Congress is expected to rely on a temporary extension to provide additional time for negotiations on a longer-term package. The practical outcome is that proposed legislation around cargo theft, chameleon carriers, and non-domiciled CDLs will not likely be enacted until March 2027 or later as Congress pauses legislative activity until the mid-term elections are over and the new Congress is seated in January 2027.

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