Legal
Bona Fide Agent Appointment
Version 2026-08-28 · Last updated August 28, 2026
This is the written appointment FMCSA looks for when a dispatch desk acts for a motor carrier and is not a freight broker. Online clickwrap + Shoreway countersignature creates the executed copy emailed with the dispatch agreement. Operational template pending Florida transportation-attorney review. Not legal advice.
Why this exists
Under 49 CFR 371.2(b), a bona fide agent is part of the carrier's normal organization, works under the carrier's direction, and has a preexisting written agreement for a continuing relationship. The agent may not allocate traffic between that carrier and others. FMCSA's June 16, 2023 guidance (88 Fed. Reg. 39368) says a dispatch service generally stays on the agent side of the line when the carrier appoints it in writing, the carrier keeps final say on every load, the desk is paid only by the carrier, and the desk does not solicit shippers or handle freight money.
1. Appointment
The motor carrier appointing Shoreway ("Carrier") appoints Shoreway Logistics LLC and its assigned dispatch personnel ("Agent") as Carrier's bona fide agent for dispatch services only. One carrier signature covers the whole Shoreway desk. Carrier remains motor carrier of record. Agent is not a broker, freight forwarder, or carrier.
2. Carrier control
Carrier has exclusive authority to accept or reject every load. Shoreway may search, contact licensed brokers, negotiate, and present options. Shoreway does not bind Carrier without Carrier's written or electronic acceptance of that specific load. Rate confirmations remain Carrier's contract. The Limited Power of Attorney is the written authorization to sign a rate con after that acceptance.
3. No allocation of traffic
Shoreway will not accept a shipment and shop it among carriers. Each hunt is for the appointing Carrier only, based on that Carrier's equipment, availability, and lanes. If Shoreway also represents other carriers, those are separate appointments. Choosing which of two principals gets one load is brokerage.
4. Pay and funds
Carrier pays Shoreway the dispatch fee in the Dispatch Service Agreement. FMCSA does not allow a dispatch agent to take that fee from a broker or a factoring company, or to sit in the money between broker and carrier. Freight still pays you (or your factor). The factor does not pay Shoreway. Carrier issues a 1099-NEC as required.
5. What Shoreway may and may not do
May: search Carrier-authorized boards, negotiate with brokers, present loads, help with packets, and support status after Carrier accepts. May not: solicit shippers, accept a load without a truck, reassign an accepted load to another MC, be a named party on the shipping contract, or hold freight funds.
6–17. Insurance, term, e-sign
Carrier keeps authority and insurance. Month-to-month with 7-day written termination. Florida law. Electronic signatures via intake checkbox / typed name and Shoreway countersignature. Full text is stored in the Carrier Portal under Documents and emailed as a PDF with the dispatch agreement.