Load Brokers, TIA, and 75K Bond Issue

Michael Ludwig

Well-Known Member
Jul 6, 2009
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Are you load brokers aware of this:

LinkedIn Groups

  • Group: Linkin Transportation Professionals
  • Subject: The TIA Bond Offer and the Effort to Repeal the $75K Bond
For those of you who don't know yet, the TIA has released their “solution” to the problem (that we believe they created). From what we have seen, they are asking for $8,000 in collateral (cash or letter of credit--$350 fee applies for the latter), a $2,000 "program fee," and up to $5,600 per year in premium for the bond. Also, you MUST submit financial statements to the underwriter despite the fact that you are allegedly automatically approved if a current TIA member.

While they're representing "guaranteed acceptance" for their members (through the first year until all the smoke clears?), after that it appears they recognize many will be dropped at renewal time when the underwriter will "evaluate the model of the program," which is probably why they're collecting this $2,000 fee UPFONT and are crediting people back that amount in the form of some strange rebate "in each of the first four years you are in the program" in $500 annual installments. I believe they know very well, most small brokers won't still be able to qualify AFTER the first year without full cash, once the underwriter reviews their financials.

Anyone who applies after October 5, 2012 (the first year premium is $3,600 if you buy now before October 5th btw) will NOT be automatically qualified, will pay the full "up to" $5,600 annual premium, and will have to go through underwriting, including all new entrants moving forward. At best, all this does is stall and delay the inevitable: the loss of tens of thousands of broker and agent jobs.

This is nothing more than a 'probationary-I-told-you-so' bond. As we read it, all TIA members are essentially on 'probation' for one year if they buy before October 5th... Then, when it comes to permanent approval that's when the axe will fall on most small brokers, in which case TIA gets to keep $1500 of your $2000 they are collecting upfront because you have to be in the program for all four years to get all your money back.

Voltmann always says brokers are banks. Well, this is nothing more than TIA acting like a mortgage bank, collecting $1,500 and then not having to pay it out when the account is closed (kinda like defaulting on a mortgage and going into foreclosure) . If you're deemed “underfunded” by the underwriter at renewal time, it appears they will keep your $1500 just like the bank takes your house. Excellent scheme, Bob.

Apparently, TIA is not even telling people WHAT exactly they will have to pay until AFTER they apply (before October 5th), which, as a matter of contract law and 'offer and acceptance,' is not-- in our opinion-- reasonable and customary. The "offer" letter says the premium "will not exceed" and "will be capped at" and "will vary up to". As we read it, it's a matter of just 'shut up and apply and you better hurry up and do it before October 5th or it will cost you yet another “up to” two grand IF you qualify.'

We believe this is an attempt to give an appearance that brokers will not be adversely affected by the new law to rebut what we at AIPBA have been saying. They are trying to save face. And after October 5th, they get to say, well, you WOULD have been automatically accepted but unfortunately, you missed the deadline.

In the meantime, the mega brokers are moving full speed ahead trying to recruit the independents. We advise you not to panic, be unduly pressured, or jump at any bond or agent offers just yet as we are working to get the law repealed.

DISCLAIMER: This is NOT an endorsement of the TIA’s bond. It is my opinion/understanding of TIA's bond terms after reviewing their letter; however, for complete details/explanation/propaganda contact Bob Voltmann or G. Roch of TIA Services.

JAMES LAMB , president
aipba.org

JOIN AIPBA AND HELP REPEAL THE $75K BOND:
http://www.1shoppingcart.com/SecureCart/SecureCart.aspx?mid=9D64D0CD-9F5F-4CC7-A66B-8CA890450101&pid=d4178481dd91412ea4f21ec51e86e5a1
Posted By Lou Gistics
 
Wow please don't spread this AIPBA stuff.

Facts are 100% on anything yet.

Also notice it was posted by "Lou Gistics" (Lo Gistics / Logistics) fake name ;)
 
The carriers need protection against brokers that take advantage and don't pay their bills. The $75000 broker bond will help legitimize the industry. The $10,000 bond may be affordable for everyone but isn't that the problem? There will be many other options out there besides buying from TIA, we have already approached our bond company and they are also coming out with packages for the brokers $75,000 bond.
 
The carriers need protection against brokers that take advantage and don't pay their bills. The $75000 broker bond will help legitimize the industry. The $10,000 bond may be affordable for everyone but isn't that the problem? There will be many other options out there besides buying from TIA, we have already approached our bond company and they are also coming out with packages for the brokers $75,000 bond.

Yes, & I believe group bonding will be an option.

Even buying from the TIA as a non member could be an option, and they can't re-imburse themselves first like Pacific currently does.

The $75,000 will be a lot easier to obtain than many people think!
 
A lot of the larger brokers/3PLs were holding bonds much larger than $10K for some time.

But the point is not that one should collect on the bond, it's a last resort.

But to get a $10K bond was really cheap and making it real easy on basement brokers to set up. Now it will be more expensive and hopefully will at least help in deterring these kind of guys.
 
What is the going rate on the new bond amount? Anyone have any rates back yet?
 
I notice many brokers in Ontario and elsewhere in Canada don't have any bond but still move US freight. My guess is that the bond increase won't bother them too much. In a way I understand them..so long as they hire only Canadian carriers to move their freight. The US bond requirements are set up to protect US based carriers..the US has no interest in protecting Canadian carriers from nonpayment of invoices. So if a Canadian broker hires a Canadian carrier and subsequently doesn't pay that carrier, I don't think anyone in the US is going to care much about it.
 
I notice many brokers in Ontario and elsewhere in Canada don't have any bond but still move US freight. My guess is that the bond increase won't bother them too much. In a way I understand them..so long as they hire only Canadian carriers to move their freight. The US bond requirements are set up to protect US based carriers..the US has no interest in protecting Canadian carriers from nonpayment of invoices. So if a Canadian broker hires a Canadian carrier and subsequently doesn't pay that carrier, I don't think anyone in the US is going to care much about it.

Actually, no matter where you are based if you move or touch US freight, whether interstate or into & out of Canada you must have an MC & a Bond, those who don't are acting illegally and just haven't gotten caught yet.

Same as for a carrier needs an MC to go into & out of Canada/US.

And yes, a Canadian carrier can file on a Canadian broker's bond if it was a cross border load, especially if the company paying the broker's bill is the American entity (shipper / receiver).

But let's stay on topic.
 
Yes, I realize that; however the reality is much different. Many brokers on this side have operated without a bond for years. I know the rules and I know that's illegal...but so is speeding and every one does that too. Just saying the higher bond requirement isn't going to bother some people.
 
Freight Forwarders will now also need to have a Bond.

This might change the game as well.

Plus enforcement might be stronger, especially if that means the US government could come here & make money in some way.