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Federal law lets you see what the broker was paid.
49 CFR 371.3 requires every property broker to keep records of each shipment and make them available to a carrier on request. OverTheRoad.AI drafts the request on your letterhead for you to review and send.
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Last updated: 14 min read
49 CFR 371.3 at a glance
| Citation | 49 CFR § 371.3 — Records to be kept by brokers |
|---|---|
| Authority | Federal Motor Carrier Safety Administration (FMCSA), under the Department of Transportation |
| Who it applies to | Property brokers operating under FMCSA authority (not freight forwarders, not carriers acting as brokers under a co-brokerage) |
| What records are required | For each shipment: shipper name, carrier name, bill of lading or freight bill number, amount of compensation received from the shipper, amount paid to the carrier, broker compensation, and a description of the services performed |
| Retention period | Records must be kept for at least 3 years from the date of the transaction |
| Right to inspect | Each party to a brokered transaction has the right to review the record of that transaction on request |
| Current status | Existing rule in effect since 1980. NPRM published November 20, 2024; public comment closed January 21, 2025 |
| Common contract waivers | Many broker-carrier contracts include language by which the carrier waives 371.3 inspection rights. Enforceability of such waivers is a live legal question |
Illustrative load — Example Freight, Chicago to Atlanta
Numbers like this are derivable from the broker's 49 CFR 371.3 transaction record. Sample load — fictional names, real format.
What the rule actually says
49 CFR 371.3 has two operative paragraphs. Here's the substance, paraphrased for readability — see the authoritative text on Cornell LII for verbatim language.
371.3(a) — Records required
A property broker must keep, for each transaction, a record identifying the shipper and the carrier; the consignee; the bill of lading or freight bill number; the amount of compensation received by the broker for the brokerage service and the name of the payer; a description of the services performed; the amount of any freight charges collected by the broker; and the date of payment to the carrier.
371.3(c) — Right to inspect
Each party to a brokered transaction has the right to review the record of the transaction. (In plain English: if you're the carrier on a load, you can ask the broker to see their 371.3(a) record for that load.)
What 371.3 doesn't say
The current rule does NOT specify a deadline by which the broker must produce records, does NOT require electronic recordkeeping, and does NOT explicitly bar contractual waivers. All three of those gaps are exactly what the FMCSA's November 2024 NPRM was filed to address.
The 2024 FMCSA rulemaking — what's proposed and where it stands
In November 2024, the FMCSA published a Notice of Proposed Rulemaking (NPRM) on broker transparency, responding to a multi-year petition campaign from the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC). The proposed amendments would substantially strengthen 371.3.
Proposal 1
Electronic recordkeeping
Brokers would be required to keep their 371.3 transaction records in electronic format. The current rule allows paper records, which makes ad-hoc inspection requests slow and informal — moving to electronic creates a clearer audit trail and makes 48-hour responses (proposal 3) feasible.
Proposal 2
Reframe inspection from a "right" to a "duty"
Current 371.3(c) frames record review as a right granted to the parties. The NPRM would rewrite it as a regulatory duty imposed on brokers — meaning enforcement would shift from a contract-style civil claim toward direct FMCSA enforcement.
Proposal 3
48-hour response window
Brokers would be required to provide the requested records within 48 hours of a request from a shipper or motor carrier. This is the single most-discussed provision in the NPRM — the current rule has no timeline at all, which is why informal requests today often go unanswered.
Proposal 4
Limit on contractual waivers
The NPRM would explicitly address contractual provisions that purport to waive 371.3 inspection rights — a tactic used by some broker-carrier agreements today. The proposed language treats waiver clauses as inconsistent with the regulatory duty.
Timeline
- 2020: OOIDA files initial petition for rulemaking on 371.3 enforcement.
- 2023: Small Business in Transportation Coalition files supplemental petition.
- November 20, 2024: FMCSA publishes NPRM in the Federal Register (RIN 2126-AC63).
- January 21, 2025: Public comment period closes.
- Next step: A final rule, if issued, is published in the Federal Register. Until then the NPRM is a proposal, not the rule in force.
Sources: Federal Register, FMCSA Docket.
How to make a 371.3 disclosure request
The current rule grants the right; it doesn't prescribe a form. That means you can ask informally — but a written request citing the regulation is harder to ignore and creates the paper trail you'd need if disclosure is refused.
- Identify the shipment. Pull the rate confirmation, BOL or freight-bill number, and your invoice. Reference these in the request so the broker can locate the 371.3(a) record without ambiguity.
- Cite the regulation. Make clear you're invoking 49 CFR 371.3(c). Asking "what was the shipper rate" without legal framing is easier to deflect than a written request that names the statute.
- Ask for the specific data points. The 371.3(a) record contains: shipper name, consignee, BOL number, broker compensation, freight charges collected from the shipper, and date of payment to the carrier. Request those by name.
- Send it in writing. Email is fine. Address it to the broker's compliance contact or the email on the rate con. Save the sent record. (Some carriers send certified mail when a paper trail matters.)
- Allow reasonable time. The current rule does not set a deadline; the proposed 2024 amendment would create a 48-hour window. In practice, a followup after 7-10 business days is standard before escalating.
- If you don't get a response, a written follow-up that references your first request is common. For questions beyond that, a transportation attorney can explain the options for your situation.
How OverTheRoad.AI handles this
The platform composes the formal disclosure request on your business letterhead — your MC#, your DOT#, your contact information, citing 49 CFR 371.3 — and emails it directly to the broker for the load you flagged, after you review it and confirm. We don't make claims the regulation doesn't support, and we don't promise responses the regulation doesn't require. It's drafted for you to review — you're responsible for what you send.
Sample disclosure request
Plain-text template. Substitute the bracketed fields. Any broker or carrier names below are illustrative and do not reference real companies.
This template is provided for informational purposes only and does not constitute legal advice. Substitute your own information and adjust language as appropriate to your specific situation. You're responsible for what you send.
Common broker responses, and how to think about them
The disclosure right exists; whether any specific broker cooperates is a separate question. Here are the responses carriers most frequently report, and the regulatory context for each.
"Your contract waives that right."+
Many broker-carrier agreements include 371.3 waiver language. Whether such waivers are enforceable is contested — courts have not produced uniform precedent, and the FMCSA's 2024 NPRM specifically targets waiver provisions. Whether a waiver holds up in your situation is a legal question — talk to a transportation attorney if real money is being withheld on this basis.
"That information is confidential / proprietary."+
49 CFR 371.3 says each party to the transaction has a right to review the record. The rule's text doesn't list a confidentiality exception. Some carriers offer to sign an NDA when a broker raises confidentiality. How this plays out in a specific dispute is a question for a transportation attorney.
"Send the request to our legal department."+
Many carriers simply resend it through whatever channel the broker names. Document the date and recipient; if the legal department then doesn't respond, you have a clear paper trail.
Silence — no response at all.+
The current rule doesn't set a response deadline. Many carriers send a polite written follow-up after 7–10 business days and keep a copy of both requests for their records.
"You're no longer a carrier we'll work with."+
Retaliation against a carrier for exercising regulatory rights is a separate compliance question. The current 371.3 doesn't include explicit anti-retaliation language; the FMCSA NPRM also doesn't directly address it. Practically, this is a relationship question, and it's your call whether to send a request.
None of this is legal advice. For situations with real money on the line, consult a transportation attorney licensed in your jurisdiction.
How OverTheRoad.AI handles the request
Flag the load
Pick any load. We have your MC#, DOT#, and contact details on file.
We compose the request
Formal disclosure request citing 49 CFR 371.3, on your letterhead.
We email the broker
You review it, confirm, and it goes to the broker's contact on the rate con. You get a copy.
Plus everything else to run your business
Snap docs
Photo → filed automatically
Invoicing
Rate con → invoice in 60s
IFTA
3 min, not 3 hours
Detention
Auto-detected from ELD
Cash flow
14-day forecast
Compliance
Renewal reminders
Frequently asked questions
Is the disclosure request legal?
Yes. 49 CFR 371.3(c) gives each party to a brokered transaction the right to review the record of that transaction. A formal written request invoking that regulation is a standard exercise of an existing federal right.
Does the broker have to respond?
The current rule requires the records to be kept and 'made available' to the parties on request. It does not specify a deadline or an explicit response duty. The FMCSA's 2024 proposed amendments would create a 48-hour response window; a proposal isn't in force unless a final rule is issued. A written request that cites the regulation gives the broker a clear record of what you asked for.
What if my contract waives 371.3?
Many broker-carrier contracts include such waivers. Whether they're enforceable is a contested legal question; the FMCSA's 2024 NPRM explicitly targets waiver clauses. If meaningful money is involved, talk to a transportation attorney.
What records can I actually see?
Per 371.3(a), the broker's record for each shipment must include the parties' names, BOL/freight bill number, broker compensation, freight charges collected from the shipper, the date of payment to the carrier, and a description of services. That's the data set you can request.
How long does the broker have to keep records?
At least 3 years from the date of the transaction. Older records may have been routinely destroyed under the broker's retention schedule, so make requests promptly when discrepancies are noticed.
Does this work on my phone?
Yes. OverTheRoad.AI is mobile-first. Add it to your home screen — it works like an app.
How long does setup take?
Under 10 minutes for most people. Enter your DOT number, upload your ELD's mileage report, and import your fuel card file.
Do I need a credit card to start the trial?
No. Sign-up is a free account — no card. Your free Pro month starts with your first upload or invoice. You add a card only if you decide to keep going after your free month.
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