Montgomery v. Caribe Transport II, LLC · ¶45

The brokers' preemption argument also lies in some tension with the absence of meaningful safety-related regulation of brokers at the federal level. In particular, federal law does not require brokers to take substantial steps to ensure that they select safe trucking companies. Congress's “regulation of brokers instead seems to address the financial aspects of broker services, not safety.” Ye, 74 F. 4th, at 463. And the relevant regulatory agency, the Federal Motor Carrier Safety Administration, requires brokers to select a federally registered carrier but does not otherwise “impos[e] safety standards on broker hiring.” Ibid. See Tr. of Oral Arg. 74–75, 90; Brief for Institute for Safer Trucking as Ami cus Curiae 14–17.

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