Freight Pulse & Law Update: Jones Act Waiver Tightens, Broker Liability Risk Expands

Yes: the second Jones Act waiver extension preserves limited relief through November 15, 2026, but foreign-flag voyages now face a pre-voyage U.S.-vessel availability test. Meanwhile, post-Montgomery litigation is expanding broker exposure, and a Federal Motor Carrier Safety Administration (FMCSA) action creates a September 8 electronic logging device (ELD) deadline.

What changed in the Jones Act waiver?

Effective August 17, DHS’s second extension requires companies moving covered cargo on foreign-flag vessels to submit a Vessel Availability Request to the Department of War and MARAD before the voyage. MARAD surveys coastwise-qualified U.S. operators, generally giving them about 24 hours to respond. If domestic tonnage is available, it gets the cargo. Read gCaptain’s operational report and CBP guidance.

• Load deadline: 11:59 p.m. ET on November 15.

• Coverage: 32,000-plus HTS entries, including ethanol and soybean oil.

• Rule: Available U.S. tonnage receives priority.

Why is broker liability expanding?

After the Supreme Court’s Montgomery decision, negligent-hiring claims against brokers can proceed under the safety exception. The docket includes C.H. Robinson’s appeal of a verdict above $600 million; a J.B. Hunt negligent-hiring case in Arizona awaiting summary judgment over a carrier with safety alerts and inspection violations; and Hardy v. Singh in Nevada, where Judge Anne Traum denied summary judgment Aug. 11. In the AONE Brokerage case, the court said continued use of a non-licensed broker in an alleged double-brokering chain may breach a duty of care. See FreightWaves’ case summary.

What controls should brokers and 3PLs tighten?

Apply the lesson across third party logistics providers and supply chain management companies:

• Verify carrier authority, safety history, insurance, and subcontracting restrictions.

• Trace every handoff and flag unauthorized re-brokering.

• Preserve decisions in logistics software and a warehouse management system.

Expect tighter underwriting and rising premiums. These controls also strengthen 3PL fulfillment services and inventory management for ecommerce when routing changes.

What DOT deadline affects fleets?

FMCSA removed 10 ELDs in July after providers failed technical requirements. Fleets must switch to paper logs or compliant logging software and install a registered replacement by September 8; continued use afterward can trigger an out-of-service order. Review the FMCSA notice.

Lanta Logistics supports 3PL Maryland and Mid-Atlantic fulfillment from a food-grade warehouse and Hazmat certified 3PL operation at its Glen Burnie warehouse, and FlowOps by Lanta adds real-time visibility across inventory and transportation. Contact our team to review your compliance and carrier-vetting workflow.