October 17, 2013 5:00 PM, EDT

Judge Allows Lawsuit Challenging Broker Bond Level to Proceed

A federal magistrate granted a request Oct. 17 by the Association of Independent Property Brokers and Agents to lift a stay in the group’s lawsuit against the U.S. Department of Transportation.

AIPBA is suing Transportation Secretary Anthony Foxx and the Federal Motor Carrier Safety Administration over an increase in the required minimum for a freight broker’s bond to $75,000 from the current $10,000.

Magistrate Judge Philip Lammens lifted the stay that he issued Oct. 1, the same day the partial shutdown of the federal government began and when it appeared that FMCSA would be closed as a result. FMCSA remained opened, though, as its budget is supplied through the Highway Trust Fund rather than the Treasury’s general fund.

AIPBA asked for the stay to be lifted Oct. 16 as FMCSA continued to roll out the rule that became effective Oct. 1.