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Miami-Dade · January 16, 2026

FMCSA 2026 freight broker rule — what Miami brokers must know

The Broker and Freight Forwarder Financial Responsibility final rule tightened BMC-85 trusts, shortened replenishment windows, and gave FMCSA faster suspension tools when security drops below $75,000.

What changed BMC-84 filing

Effective Jan 16, 2026

Key compliance changes

  • $75,000 minimum at all times — BMC-84 or qualifying BMC-85 must stay at the full amount.
  • Seven-day replenishment — If security falls below $75,000 and is not restored within seven calendar days, FMCSA may suspend operating authority.
  • BMC-85 asset restrictions — Trusts may hold only cash, U.S. Treasury bonds, or irrevocable letters of credit from eligible institutions — liquid within seven days.
  • Trustee eligibility — Trustees must be regulated by FDIC, OCC, or NCUA. Many legacy BMC-85 providers no longer qualify.
  • Freight forwarders included — Property freight forwarders face the same $75,000 requirement; dual broker + forwarder authority may require two separate $75,000 filings.

Action items

What Miami brokers should do now

  1. Confirm your BMC-85 trustee still qualifies under the 2026 rule — if not, plan a switch.
  2. Compare BMC-84 vs BMC-85 on cost and replenishment risk.
  3. If switching to BMC-84, have your new surety file electronically; allow a few business days for FMCSA to post.
  4. Monitor FMCSA licensing for active status after any provider change.

Primary source: FMCSA financial responsibility overview.