Who actually owns the truck? Who’s liable when something goes wrong? Why work through a broker when you could just call a carrier directly? Plain-language reference for shippers trying to figure out where they should place their freight — with the federal authority, liability, and insurance facts that drive the answer.
📞 Talk to ATI: (786) 574-5774 ✉ rates@ship-ati.comA motor carrier owns trucks and trailers, employs drivers, and physically transports freight. A freight broker arranges for that transportation on behalf of a shipper, contracts with qualified carriers, and manages the transaction — but doesn’t own the truck. Both are FMCSA-regulated, but they hold different authorities and operate under different rules.
| Dimension | Motor Carrier | Freight Broker |
|---|---|---|
| Owns trucks? | Yes | No |
| Employs drivers? | Yes | No |
| FMCSA authority type | Motor Carrier (For-Hire) | Property Broker |
| Application form | OP-1 (Motor Carrier) | OP-1 (Broker) |
| Min. financial responsibility | $750K general / $5M hazmat (auto liability) | $75K (BMC-84 bond or BMC-85 trust) |
| Cargo insurance carries Carmack liability? | Yes (primary) | Contingent only |
| Drug & alcohol testing program required? | Yes | Generally no |
| Hours-of-service compliance? | Yes | N/A |
| Vehicle inspections? | Yes (annual, plus daily DVIRs) | N/A |
| IFTA / IRP fuel and registration? | Yes | N/A |
| USDOT vehicle markings? | Yes | N/A |
| Number of trucks typical | 1 to 10,000+ | 0 |
| Pays the carrier? | N/A (is the carrier) | Yes (pays carrier, bills shipper) |
| Standard freight markup | N/A (carrier rate) | 10–25% typical, margin compressed in tight markets |
The Carmack Amendment (49 USC 14706) makes the motor carrier liable for actual loss or injury to property transported in interstate commerce. The carrier’s cargo insurance responds to claims under Carmack. Limits, exclusions, and released-value provisions in the bill of lading and the carrier’s tariff modify the strict liability rule but don’t change its fundamental structure.
Brokers are not Carmack carriers. They don’t hold primary cargo liability for the freight they arrange. Their exposure is contractual — under the broker-shipper agreement — and often centers on negligent carrier selection (did the broker hire an inadequately insured or otherwise unfit carrier?) and contingent cargo coverage that responds when the carrier’s insurance fails.
For the claims procedure, see our freight claims process guide.
ATI handles carrier selection, dispatch, tracking, documentation, payment
A common shipper misunderstanding: “the broker just adds a markup and connects me to a carrier.” That’s not the job. A working freight brokerage delivers a defined service:
If you ship 20 loads a week from the same origin to the same destination, you may find direct relationships with one or two carriers cheaper and more reliable than broker-sourced capacity. You build the relationship, the carrier reserves capacity, you pay direct.
The catch: you need volume that’s worth the carrier’s dedicated capacity, lanes that are at-market or favorable for the carrier, and the internal staff to manage carrier relationships, vet authority, handle claims, and pay invoices on time. For most shippers, that overhead doesn’t pencil.
Many companies in the industry operate both broker authority AND motor carrier authority. They own some trucks and broker the rest. The broker side gives them flexibility when their own equipment isn’t the best fit; the asset side gives them dedicated capacity for repeating lanes. From the shipper’s perspective, the distinction can blur — you might be quoted by an asset/broker hybrid whose own truck handles your load 60 percent of the time and brokers the rest.
The broker-carrier distinction is a federal regulatory line, not a marketing flourish. Both are legitimate, both serve different shipper needs, and most shippers end up using both at different times. ATI is a broker — that’s explicit on our authority filings and in our shipper agreements. The carriers we contract are independent FMCSA-licensed motor carriers with verified authority and insurance.
Need NMFC classification? Use the ATI freight class calculator.
ATI is an FMCSA-licensed property broker. We arrange transportation by qualified motor carriers across all 48 states plus Canada and Mexico cross-border. We don’t own trucks; we own the technology, dispatch operation, carrier vetting, and customer-service workflow that makes broker-arranged freight a real service rather than a name swap on a load board.
Call (786) 574-5774 or email rates@ship-ati.com.
Vetted carriers, binding rates, 24/7 dispatch, nationwide.
📞 (786) 574-5774 ✉ rates@ship-ati.com