The 2026 FMCSA Rule Is Now in Effect — Here's What Freight Brokers Need to Do

If you hold a BMC-85 trust fund for your freight broker authority, pay attention. The FMCSA's final rule (88 FR 78656) took effect on January 16, 2026. There are no more extensions. Non-compliant brokers face authority suspension, fines up to $12,882 per violation, and a three-year lockout from re-applying.

Here's what changed, who's affected, and what you need to do right now.

What the Rule Actually Changed

The core change targets BMC-85 trust fund providers. Before January 16, loan companies and finance companies could serve as trustees for your $75,000 freight broker trust. That's over.

Under the new rule, BMC-85 trusts must be held at institutions regulated by one of three federal agencies:

• OCC (Office of the Comptroller of the Currency) — national banks and federal savings associations
• FDIC (Federal Deposit Insurance Corporation) — state-chartered banks
• NCUA (National Credit Union Administration) — federally insured credit unions

If your current trustee doesn't fall under one of those three regulators, your trust is non-compliant.

New Restrictions on Trust Assets

The rule also limits what can back your trust fund. Acceptable assets are now restricted to:

• Cash deposits
• Irrevocable letters of credit from FDIC-insured institutions
• U.S. Treasury bonds

Corporate bonds, equities, and other securities are out. If your trust was backed by anything beyond cash, Treasuries, or qualifying letters of credit, you need to restructure it.

The 7-Day Replenishment Rule

Here's the part that catches brokers off guard: if your trust's security level drops below $75,000 for any reason, you have 7 days to bring it back up. Miss that deadline and FMCSA suspends your operating authority. Not 30 days. Not after a warning. Seven days.

This makes the BMC-84 surety bond vs. BMC-85 trust fund decision more important than ever. A BMC-84 bond doesn't have replenishment requirements — your surety company handles the $75,000 obligation.

Penalties for Non-Compliance

FMCSA isn't treating this as a soft launch. The penalties are steep:

• Up to $12,882 per violation — and each day of non-compliance can count as a separate violation
• Operating authority suspension — your MC number goes inactive, meaning you can't legally broker freight
• 3-year ineligibility — non-compliant trust fund providers are barred from the program for three years

The 30-Day Window

If FMCSA notifies you that your trust fund provider is non-compliant, you get a 30-day window to replace them with an eligible institution or switch to a BMC-84 surety bond. After 30 days, your authority is suspended.

Don't wait for that notification. Check now.

What You Should Do This Week

1. Verify your trustee's eligibility. Call your trust fund provider and confirm they're regulated by OCC, FDIC, or NCUA. If they can't confirm it, assume they're not.
2. Check your trust assets. Make sure your $75,000 is backed only by cash, qualifying irrevocable LCs, or U.S. Treasury bonds.
3. Consider switching to a BMC-84 bond. A freight broker bond (BMC-84) eliminates the trustee eligibility issue entirely. You pay an annual premium — typically $750 to $3,000 depending on credit — and your surety company provides the full $75,000 guarantee. No replenishment rules. No asset restrictions.
4. File updated forms with FMCSA. If you switch from BMC-85 to BMC-84, your surety company files the new BMC-84 form. Make sure the old BMC-85 cancellation doesn't create a gap in coverage.

How Much Does a BMC-84 Bond Cost?

Most freight brokers pay between 1% and 4% of the $75,000 bond amount — so $750 to $3,000 per year. Your credit score is the biggest factor. Brokers with credit scores above 700 typically land at the lower end. Check our freight broker bond cost breakdown for detailed pricing by credit tier.

If you're just getting started with your authority, our guide to getting freight broker authority walks you through every step — including how to file your BOC-3 and get your bond in place.

Bottom Line

The 2026 FMCSA rule isn't coming — it's here. If you're still using a BMC-85 trust through a non-bank financial institution, you're operating on borrowed time. The simplest path to compliance for most brokers is switching to a BMC-84 surety bond.