Fuel Surcharge

Three bills are pending in Congress that would require motor carriers, brokers, and freight-forwarders to pass-through fuel-related charges to any third-party that bore the cost of the fuel.  The bills are being pushed by OOIDA.  The legislation would not require carriers to charge, nor require shippers to pay a fuel surcharge, only that if a surcharge was made, that it be passed through.  Associated with the pass through requirement would be an obligation to disclose to owner-operators and others who paid for the fuel, freight charges and other information contained in the invoice for the transportation service. ATA is opposing all of the proposals.  A fourth bill requiring pass through and disclosure related to Department of Defense transportation contracts was recently passed and is expected to be signed into law.  The pass through language was diluted significantly from its original proposal and now simply directs the Secretary of the Defense to take appropriate actions to ensure, to the maximum extent practicable, that fuel-related adjustments are passed through to the person who bore the cost of the fuel.