← Guides

49 CFR 371.3 Broker Transparency Request: How Carriers Ask for Load Records

Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.

Not legal advice. UnpaidLoad is a document-preparation tool, not a law firm. Verify facts with FMCSA and talk to an attorney about your contract and state law.

If you think a broker took too big a cut, kept an accessorial it billed to the shipper, or is using "the shipper hasn't paid us" as a stall, federal rules give you a tool: the right to review the broker's record of your load. It's commonly called a broker transparency request or a 371.3 request.

What the rule requires

Under 49 CFR 371.3, a broker must keep a record of each transaction. For each shipment, the record must include:

• The name and address of the consignor (shipper).
• The name, address, and registration number of the originating motor carrier.
• The bill of lading or freight bill number.
• The amount of compensation the broker received for the brokerage service, and the name of the payer.
• A description of any non-brokerage service the broker performed, the amount, and who paid.
• The amount of any freight charges the broker collected, and the date of payment to the carrier.

Brokers must keep these records for three years, and each party to a brokered transaction has the right to review the record of that transaction. Definitions of "broker" and related terms are in 49 CFR 371.2.

Why carriers use it

• Checking the margin. See what the shipper paid the broker compared with what you were paid.
• Accessorial disputes. Find out whether the broker billed the shipper for detention, TONU, or lumper charges it didn't pass on. See lumper reimbursement and TONU.
• "The shipper hasn't paid." The record shows freight charges collected and payment dates. See broker says shipper hasn't paid.
• Evidence for a claim. A refusal or a record that contradicts the broker's story can support a demand letter or bond claim.

Before you send it: check your agreement

Many broker-carrier agreements include a clause where the carrier waives its right to review 371.3 records. Read yours. Whether that waiver holds up is a legal question we can't answer, and courts and commentators have disagreed. If the amount matters, talk to an attorney. Even with a waiver clause, some brokers will share the record when asked politely.

How to make the request

1. Send it in writing by email to the broker's operations or compliance contact, and keep proof of sending. Certified mail to the address on FMCSA's record (FMCSA Licensing & Insurance (L&I)) adds a paper trail.
2. Identify the load exactly: load number, pickup and delivery dates, origin and destination, your MC number, and the BOL number.
3. Cite the rule and list the record elements you want to review.
4. Ask for a reasonable response date. The rule doesn't set one, so pick something fair, such as 10 business days.
5. Stay professional. This letter may later be an exhibit.

Sample request letter

"Re: Request to review transaction record under 49 CFR 371.3. Load #[number], picked up [date] at [origin], delivered [date] at [destination], BOL #[number]. [Your company], MC [number], was the motor carrier on this brokered shipment. Under 49 CFR 371.3(c), each party to a brokered transaction has the right to review the record of the transaction. Please provide a copy of the record for this load, including the compensation you received and the payer, any non-brokerage charges, freight charges collected, and the date of payment to the carrier. Please respond by [date]. Thank you."

Replace every bracket with real facts. Don't leave placeholders in a letter you send.

If the broker refuses or ignores you

• Send one polite follow-up referencing your first request and date.
• File a complaint through FMCSA's FMCSA National Consumer Complaint Database. FMCSA doesn't collect money for you, but complaints are recorded. See how to file an FMCSA complaint.
• Use it in your payment dispute. If you're also unpaid, mention the unanswered request in your demand letter and bond claim.
• Talk to an attorney if the amount is significant.

Rule changes to watch

FMCSA has proposed revising its broker transparency rule, including how records are kept and how quickly they must be provided. Proposals aren't final rules. Before relying on any specific deadline, check the current text on the 49 CFR 371.3 page and the Federal Register.

Keep your own record too

Don't rely only on the broker's file. For every load, keep the rate con and amendments, the BOL and signed POD, your invoice and proof you sent it, accessorial receipts, and every message with the broker. Note the date you were paid and the amount. If the broker's record and yours don't match, the difference is exactly what you'll raise in a follow-up or demand letter. A simple spreadsheet with one row per load is enough, and it makes the next request faster to write.

What the record won't tell you

The record shows the money flow for your load. It won't prove why a broker short-paid you or whether a deduction was justified. You still need your rate con, POD, receipts, and messages. See rate confirmations and short pays.

Sources

• 49 CFR 371.3
• 49 CFR 371.2
• FMCSA Licensing & Insurance (L&I)
• FMCSA National Consumer Complaint Database

FAQ

More guides

• How to File a Freight Broker Bond Claim (BMC-84 / BMC-85), Step by Step
• Broker Won't Pay? What Owner-Operators Can Do
• BMC-84 vs BMC-85: Broker Surety Bond vs Trust Fund, Explained
• How to Find a Freight Broker's Surety Company (and the Claims Contact)
• How to Write a Demand Letter for an Unpaid Freight Invoice
• How to Check a Freight Broker's MC Number, Authority, and Bond Before You Haul
• Double Brokering: How to Spot It and What to Do If You Weren't Paid
• Broker Says the Shipper Hasn't Paid Them? What Carriers Should Know
• Broker Went Out of Business or Filed Bankruptcy: How Carriers Can Still Get Paid
• Factoring Company Charged Back an Unpaid Load? What Carriers Can Do
• Broker Short-Paid Your Load? How to Dispute Deductions
• How to File an FMCSA Complaint Against a Freight Broker
• Freight Broker Red Flags: A Checklist for Owner-Operators
• How Long Does a Freight Broker Have to Pay a Carrier?
• Rate Confirmations: What to Check So You Actually Get Paid
• Got a FreightGuard report? What to do in the first 72 hours
• How to get a load hostage report removed
• Missed the 72-hour response window: what carriers can still do
• Broker Won't Pay TONU? How to Collect a Truck Ordered Not Used Fee
• Broker Not Paying Lumper Reimbursement? How Carriers Get It Back
• Factoring Company Rejected the Broker? What to Do Before You Haul
• Broker Won't Pay Detention? How Carriers Collect Unpaid Detention Time
• Broker Bond Cancelled? What Carriers Should Do Before It's Too Late
• Trucking compliance deadlines