July 2026 brought carriers something they had not had in four years: spot freight paying more than contract freight. It also brought diesel back above $5 a gallon and a batch of regulatory and legal changes, several of them aimed at freight fraud. This recap covers what happened in June and July and why each item matters if you factor your invoices.
Spot rates pass contract for the first time since 2022
DAT reported that in June 2026 the national average dry van spot rate moved above the average contract rate for the first time since February 2022. The June figures:
| Equipment | Spot rate (per mile) | Contract rate (per mile) |
|---|---|---|
| Van | $3.00, up 11 cents from May | $2.89, down 3 cents |
| Reefer | $3.39, up 4 cents | $3.22, down 6 cents |
| Flatbed | $3.69, up 4 cents (an all-time high) | $3.80, up 3 cents |
That puts van spot about 11 cents above contract and reefer spot 17 cents above, up from 7 cents in May. Flatbed is the exception: contract still pays more than spot, but the gap has closed to 11 cents from 52 cents a year earlier. DAT characterized the shift as capacity pressure rather than a surge in demand. Fewer trucks are chasing roughly the same freight.
Equipment buyers are reading the same signal. FTR estimated June 2026 Class 8 net orders at about 30,500 units, up 241% from June 2025, and ACT Research put the preliminary figure near 31,400.
What it means for cash flow: in a market that rewards carriers who can say yes to a good load quickly, waiting 30 to 60 days for a broker to pay is a bigger handicap than usual. Factoring turns a delivered load into cash within a day or so, which keeps fuel and repair money available for the next load. If you have contract lanes up for renewal, spot pricing above contract gives you more room to negotiate.
Diesel climbs back above $5
The EIA's weekly national average for on-highway diesel peaked at $5.643 a gallon on 6 April 2026 and stayed above $5.50 through most of May. It eased to $4.578 by 6 July, then turned sharply higher, reaching $5.313 on 27 July. That is about $1.51 more than the same week of 2025, when the average was $3.805.
DAT's spot rates are all-in, so they already include fuel, but a rate that looked good in early July could be thin by month end. Check your fuel surcharges on contract freight and your all-in floor on spot loads as diesel moves. Many factors offer fuel card discounts; see our fuel card comparison before treating them as a deciding factor.
The fraud crackdown
Freight fraud remains the risk that most directly threatens a small carrier's receivables. Verisk CargoNet estimated cargo theft losses in the US and Canada at nearly $725 million in 2025, up 60% from 2024, with the average theft valued at $273,990. It attributed the jump to organized groups shifting toward higher-value loads.
In Congress, the SAFER Transport Act, introduced by Sen. Todd Young in February 2026, targets fictitious pickups, double brokering and hostage loads. As introduced, it would stop issuing MC numbers and phase them out in favor of USDOT numbers within five years, let DOT withhold or revoke registration for certain felonies or for fraud in the registration system, require states to report CDL actions monthly, and create a freight fraud and theft advisory committee. Both the American Trucking Associations and OOIDA support it. It had not become law at the time of writing.
What it means for factoring: use the broker credit checks your factor provides before you accept a load, not after the invoice is late. A factor that declines a broker is telling you something. If you factor on non-recourse terms, read what the agreement actually covers. Non-recourse usually protects against a broker's insolvency, not against disputes, short pays or fraud on your own side of the transaction. Our recourse vs non-recourse guide covers the exclusions.
Brokers can now be sued over carrier selection
On 14 May 2026 the Supreme Court decided Montgomery v. Caribe Transport II unanimously. It held that state-law negligent-selection claims against freight brokers fall within the federal safety exception and are not preempted. The case went back to the lower courts. The Court did not decide whether the broker in that case was negligent.
The practical result is that brokers face more liability for the carriers they choose. Expect more vetting during onboarding: safety ratings, insurance, driver qualification files and identity checks. Carriers with clean records and accurate FMCSA data should find that an advantage.
FMCSA rules that took effect in July
Three deregulatory final rules. FMCSA published three final rules on 22 June 2026, effective 22 July 2026. One removes the requirement to keep a paper copy of the ELD operator's manual in the truck. The others remove the requirement for drivers to self-report violations to their licensing state and change how completed roadside inspection reports are handled. Hours-of-service limits are unchanged. Three other changes are sometimes lumped in with these but came earlier: the rules confirming electronic DVIRs, dropping liquid-burning flares as warning devices and changing license plate lamp requirements were published in February and took effect 23 March 2026.
Revoked ELDs. FMCSA removed Safe ELD (iOS and Android) and MYLOGS ELD from its registered list on 7 May 2026 and gave carriers 60 days to replace them. From 7 July 2026, drivers still using those devices are treated as operating without an ELD. FMCSA has removed 67 devices since January 2025, so check the registered-device list at eld.fmcsa.dot.gov if you have not recently.
Motus registration. FMCSA's new Motus registration system opened to carriers, brokers and freight forwarders on 14 May 2026. To claim an existing USDOT number, the company official has to log in with the same Login.gov email used on the old FMCSA Portal. Ending MC numbers was not part of the launch and still needs formal rulemaking. See our May 2026 recap for the details.
Non-domiciled CDLs: rule in force, case still open
FMCSA's final rule restricting non-domiciled CDLs was published 13 February 2026 and took effect 16 March 2026. It limits eligibility to drivers holding specific employment-based visas (H-2A, H-2B and E-2), and an Employment Authorization Document alone no longer qualifies. Reporting at the time put the number of non-domiciled CDL holders the rule aimed to remove at about 200,000.
The litigation has gone back and forth. The D.C. Circuit paused the earlier interim rule in November 2025. On 5 May 2026 it denied emergency motions to stay the final rule, so the rule remains in force while the case continues, and oral argument was set for 15 September. States are under pressure too: in February DOT said Illinois could lose about $128.6 million in federal highway funds after an audit found 29 of 150 sampled non-domiciled CDLs did not comply.
If you employ or lease on drivers with non-domiciled CDLs, confirm each driver's status now. A driver taken out of service also stops your invoices.
Factoring is moving into the load board
DAT bought Outgo, a factoring and payments company, in May 2025 and is building payments into the DAT One load board. Loads posted with a verified checkmark qualify for factoring. Embedded factoring of this kind, along with faster automated invoice review, is pushing same-day funding toward the norm rather than a premium feature.
For carriers, the useful questions have not changed. Ask what you pay in total, not only the headline rate: ACH or wire fees, per-invoice charges, monthly minimums and termination terms. Ask how long the contract runs and what it takes to leave. Our guides on hidden factoring fees and switching factoring companies walk through both.
What to watch in August and September
- Non-domiciled CDL case: oral argument at the D.C. Circuit in September could change driver eligibility again.
- Contract renewals: spot above contract gives carriers more leverage on Q3 renewals than they have had in years.
- Diesel: prices rose through late July. Watch your surcharges and spot floors.
- ELD revocations: FMCSA keeps removing devices, each with a 60-day replacement window.
- SAFER Transport Act: if it moves, registration and broker vetting will change.
For the longer view, see freight factoring market trends and the June 2026 recap.