The lesson from Montgomery is simple: when transportation is arranged, safety must come first.
The Supreme Court’s decision in Montgomery v. Caribe Transport II, LLC matters to the motorcoach industry because it reinforces a basic principle: the choice of carrier is a safety decision. Companies that arrange transportation cannot treat that responsibility as a paperwork exercise or a price-shopping exercise. When a broker or other intermediary helps put a trip on the road, there is a growing expectation that it must know who is actually operating the vehicle and whether that company is qualified to do the job safely.
At ABA, we believe safety is not a checkbox. It is the foundation of professional motorcoach transportation. Through ABA and the Bus Industry Safety Council, the motorcoach industry has spent decades raising safety standards, strengthening best practices, and helping operators build the capabilities required to move people safely. That work matters not only to motor carriers but to everyone involved in arranging passenger transportation.
That message should resonate across the charter and motorcoach marketplace. While the case itself came out of freight trucking, the Court’s reasoning speaks more broadly to commercial transportation. The takeaway is not that brokers are automatically liable whenever an accident occurs. The takeaway is that they may face real consequences when they fail to use reasonable care in choosing a carrier and safety is involved.
For brokers, it means carrier selection must be backed by real diligence, not assumptions, marketing language, or the lowest available quote. For operators, it creates an opportunity to stand out by demonstrating the value of strong maintenance, a professional safety culture, compliance discipline, and direct accountability. For customers, it is an important reminder to ask a simple question before booking a trip: Who is actually operating the bus?
Sometimes, customers believe they have hired a bus company when they have actually hired a broker or another intermediary. When that line is blurred, it becomes harder to judge quality, compare safety practices, and determine who is responsible if something goes wrong.
That question matters more than many customers realize. In today’s market, the company selling the trip is not always the company providing the transportation. Sometimes, customers believe they have hired a bus company when they have actually hired a broker or another intermediary. When that line is blurred, it becomes harder to judge quality, compare safety practices, and determine who is responsible if something goes wrong.
The concern is not hypothetical. A recent 60 Minutes investigation highlighted widespread fraud in the trucking industry involving so-called “chameleon carriers,” companies that shut down and reappear under new names to escape safety problems, enforcement history, or other red flags. That report focused on trucking, but the warning is broader. Any part of the transportation market that allows weak vetting, limited transparency, and unclear accountability creates room for bad actors to operate. That is exactly why this ruling matters beyond freight.
This is also a moment to push for clearer market standards. Customers should know whether they are working with a broker, a direct carrier, or another intermediary. They should know who will operate the trip. They should be able to ask clear questions about safety, credentials, insurance, and accountability before the bus ever leaves the lot. Greater transparency is good for the publicand good for operators that invest in doing things the right way.
That is where ABA can help lead. ABA is well-positioned to serve as a practical guide for customers seeking safe, reputable charter and motorcoach providers. And for our industry partners looking to build stronger, more accountable relationships across the transportation chain – start with ABA. At a time when the market needs more clarity, ABA and the Bus Industry Safety Council can help set the standard by elevating transparency, supporting stronger professional practices, and reinforcing a simple idea: safety must lead every carrier selection decision.