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The Post-Montgomery Compliance Checklist
13 questions every freight broker should be able to answer "yes" to after the Supreme Court's Montgomery v. Caribe Transport II ruling. If you can't, you now know exactly where your exposure is.
1. Written policy
- We have a written carrier-selection policy that describes exactly what we verify before tendering a load.
- The policy is dated, versioned, and applied to every carrier — new and existing.
- Our team can describe the policy consistently if deposed.
2. Pre-tender verification
- We verify operating authority is ACTIVE before every tender — not just at onboarding.
- We verify liability insurance on file (BMC-91/91X) meets our minimums.
- We check safety rating and out-of-service status.
- We review crash and inspection history for red flags.
3. Evidence, not memory
- Every verification is captured with a date and time stamp.
- Records are stored in a system we can produce in discovery — not screenshots on someone's desktop.
- Records are retained for at least as long as the statute of limitations in the states we operate in.
4. Ongoing monitoring
- We are alerted when a carrier in our book has authority revoked or insurance lapse.
- We re-vet carriers on a defined schedule, not "when we remember".
- We stop tendering immediately when a carrier falls below our standards, and we document that decision.
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