In an era where the regulatory framework surrounding commercial transportation is both comprehensive and complex, the BMC-85 form represents a critical component in ensuring that brokers and freight forwarders meet federal requirements for financial responsibility. Revised last in March 2014, with an OMB No. of 2126-0017 and an expiration date previously set for February 2017, this document serves a pivotal role within the operations of transportation intermediaries. Mandated by the Federal Motor Carrier Safety Administration (FMCSA), a part of the United States Department of Transportation, the BMC-85 form, also known as the Broker's or Freight Forwarder's Trust Fund Agreement, is intrinsically designed to safeguard the interests of motor carriers and shippers by ensuring that brokers and freight forwarders maintain a trust fund or a surety bond of $75,000. This requirement, grounded in regulatory statutes including 49 U.S.C. 13906, aims to ensure that transportation intermediaries are sufficiently capitalized to meet their obligations to motor carriers and shippers. The form outlines the conditions under which the trust or bond is managed, the process for making claims against it, and the responsibilities of both the trustor (the broker or freight forwarder) and the trustee (the financial institution holding the trust). Its stringent reporting requirements to the FMCSA, including notifications of lawsuits, judgments, payments, and any changes to the trust fund, underscore the commitment of federal authorities to maintaining transparency and accountability in the transportation industry. Additionally, the BMC-85 form specifies the procedural norms for the cancellation of the agreement, including a 30-day written notice requirement, emphasizing the regulated nature of the brokerage and freight forwarding industry. Through this form, a system is established whereby financial solvency and reliability are foregrounded, thereby protecting the economic interests of those reliant on the transportation of goods.
| Question | Answer |
|---|---|
| Form Name | Form Bmc 85 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | ICC, BMC-85, OMB, hereinbefore |