Freight Pulse & Law Update: Broker Liability Repricing, a Shrinking Carrier Base, and CBP's Importer Crackdown

September 17, 2026

Freight risk is repricing across three fronts: broker liability, carrier capacity, and importer compliance. Operators should act before insurance renewals, equipment shortages, and CBP enforcement create avoidable costs.

What does Montgomery mean for freight brokers?

After the Supreme Court’s May 2026 decision in Montgomery v. Caribe Transport II, brokers can no longer rely on FAAAA preemption to dismiss state-law negligent-hiring claims tied to motor-vehicle safety. A $604 million verdict, a Fifth Circuit reversal, and the RPS report’s warning of shrinking contingent-liability insurance capacity make carrier selection a board-level risk.

What to do now:

• Go beyond federal safety-database checks.

• Document insurance, inspection history, crash indicators, authority, ownership, and prior performance.

• Apply the same repeatable standards to every carrier and preserve an auditable approval record.

The Supreme Court opinion reinforces the need for defensible procedures across brokers, shippers, and third party logistics providers.

Why is truckload capacity shrinking?

FreightWaves reports that the truckload capacity exodus is growing even as freight volumes improve. Diesel is near $6.26 per gallon, while an FMCSA 90-day waiver allows qualifying fuel haulers to operate up to 16 hours in a 24-hour window.

That relief does not suspend maintenance duties. CVSA brake inspection standards remain a hard gate for onboarding any carrier, including during and after CVSA Brake Safety Week.

• Re-validate carrier capacity and equipment condition.

• Build fuel-adjusted routing and backup plans.

• Track inspections, defects, corrective actions, and expiration dates.

What should importers complete before September 18?

CBP will begin voiding Importer of Record numbers connected to inaccurate or incomplete Form 5106 data. A voided number can block entry filing and push cargo toward General Order, storage, and demurrage.

Act immediately:

• Verify physical address, phone, email, ownership, and tax data.

• Coordinate corrections with your customs broker.

• Preserve CBP notices and cargo timelines.

The FMC’s September clarification also confirms that demurrage and detention complaints remain available through formal and small-claims processes under OSRA 2022’s burden-shifting framework. Review the CBP Form 5106 guidance and preserve every invoice record.

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