JW Surety Bonds

🚛 FMCSA regulatory shifts will transform the freight brokerage landscape in 2026

The biggest change? The BMC-85 Trust Fund alternative is being overhauled. Effective January 16, 2026:
• Only legitimate banks can act as trustees
• Assets must be fully liquid, replacing the past practice of accepting illiquid or improperly structured collateral

This is expected to reduce BMC-85 usage to single-digit market share, closing a loophole that has contributed to fraud and broker instability for over 15 years.

FMCSA is also introducing identity verification for MC number applicants:
• Face-ID verification
• Possible citizenship requirements for new brokers

💡 What brokers should do now:
• Evaluate alternatives if you currently rely on a BMC-85
• Prepare to transition to a BMC-84 if needed
• Build traceable, legitimate processes to simplify compliance with new identity requirements

📖 Learn more about how FMCSA changes will impact freight brokers in 2026:
https://www.jwsuretybonds.com/blog/market-volatility-excess-bond-program