(a)
“Administrator”
means the Administrator of the FMCSA.
(b)
“Base
State” See Section 8.
(c)
“Board” means the Board of Directors of the UCR
Plan.
(d)
“Broker” means a person, other than a motor
carrier or an employee or agent of a motor carrier, that as a principal or
agent sells, offers for sale, negotiates for, or holds itself out by
solicitation, advertisement, or otherwise as selling, providing, or arranging
for, transportation by motor carrier for compensation.
(e)
“Commercial motor vehicle” (as defined under 49 UCS
Section 31101) means a self-propelled or towed
vehicle used on the highways in commerce principally to transport passengers or
cargo, if the vehicle:
(1)
Has a gross vehicle weight
rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(2)
Is designed to transport
more than 10 passengers including the driver; or
(3)
Is used in transporting
material found by the Secretary of Transportation to be hazardous under 49
U.S.C. Section 5103 and transported in a quantity requiring placarding under
regulations prescribed by the Secretary.
(f)
“FMCSA” means
the Federal Motor Carrier Safety Administration, an agency within the
USDOT, and includes predecessor or successor agencies performing similar
duties.
(g)
“For hire motor
carrier” means a person operating a motor vehicle engaged in the
transportation of goods or passengers for compensation.
(h)
“Freight
forwarder” means a person holding itself out to the general public (other than
as a pipeline, rail, motor or water carrier) to provide transportation of
property for compensation and in the ordinary course of its business:
(1)
Assembles and consolidates, or provides for assembling
and consolidating, shipments and performs or provides for break-bulk and
distribution operations of the shipments;
(2)
Assumes responsibility for the transportation from the
place of receipt to the place of destination; and
(3)
Uses for any part of the transportation a carrier
subject to 49 U.S.C. Subtitle IV.
(i)
“Hazardous
material” means a substance or material which has been determined by the
Secretary of Transportation to be capable of posing an unreasonable risk to
health, safety, and property when transported in commerce, and which has been
so designated.
(j)
“Hazardous waste” means a material that
is subject to the hazardous waste manifest requirements of the EPA specified in
40 CFR Part 262 or would be subject to these
requirements absent an interim authorization to a State under 40 CFR Part 123, Subpart F.
(k)
“Interstate
commerce” means trade, traffic, or transportation in the United States
between:
(1)
A place in a State and a place outside of such State
(including a place outside of the United States);
(2)
Two places in a State through another State or a place
outside of the United States;
or
(3)
Two places in a State as part of trade, traffic, or
transportation originating or terminating outside the State or the United States.
(l)
“Intrastate
commerce” means any trade, traffic, or transportation in any State that
is not described in the term "interstate commerce" and is conducted
wholly within a State.
(m)
“Intrastate
renewal” means any type of requirement on an annual basis for intrastate
authority, insurance filings or other authority related filing requirements
necessary to operate within a State.
(n)
“Intrastate renewal fee” means any fee
imposed on a motor carrier or motor private carrier for the renewal of the
intrastate authority or insurance filings of such carrier with a State.
(o)
“Leasing company” means a lessor that is engaged
in the business of leasing or renting for compensation motor vehicles without
drivers to a motor carrier, motor private carrier, or freight forwarder.
(p)
“Motor carrier” means a person providing motor
vehicle transportation for compensation.
(q)
“Motor private carrier” means a person, other than a
motor carrier, transporting property by motor vehicle when:
(1)
The transportation is as provided in 49 U.S.C.
Section 13501;
(2)
The person is the owner, lessee, or bailee of the
property being transported; and
(3)
The property is being transported for sale, lease,
rent, or bailment or to further a commercial enterprise.
(r)
“Motor vehicle”
means any vehicle, machine, tractor, trailer, or semi
trailer propelled or drawn by mechanical power and used upon the
highways in the transportation of passengers or property, or any combination
thereof determined by the FMCSA, but does not include any vehicle, locomotive,
or car operated exclusively on a rail or rails, or a trolley bus operated by
electric power derived from a fixed overhead wire, furnishing local passenger
transportation similar to street-railway service.
(s)
“Participating State” means a State that has
complied with the requirements of Subsection (e) of 49 U.S.C. Section 14504a
and that has not withdrawn from the UCR Plan.
(t)
“Principal place of business” means a single
location that serves as a motor carrier’s, motor private carrier’s, broker’s,
leasing company’s or freight forwarder’s headquarters and where it maintains or
can make available its operational records.
(u)
“Registrant”
under the provisions of this agreement means a motor carrier, motor private
carrier, broker, leasing company or freight forwarder.
(v)
“Registration year” means a calendar year.
(w)
“Renewal period” means, with respect to a registration
year, the period of August 1 through December 31 of the immediately preceding
year.
(x)
“Secretary” means the Secretary of the USDOT.
(y)
“SSRS” means the Single State Registration System in
effect on the date of enactment of the UCR Act of 2005.
(z)
“State” means a State of the United States
or the District of Columbia.
(aa) “State
Plan” means a document that:
(1)
Identifies the State agency that has or will have
the legal authority, resources, and qualified personnel necessary to administer
the UCR Agreement in accordance with the rules and regulations promulgated by
the Board; and
(2)
Demonstrates that an amount at least equal to the
revenue derived by the State from the UCR Agreement shall be used for motor
carrier safety programs, enforcement, or the administration of the UCR Plan and
UCR Agreement.
(3)
The Board believes that the document included with
these procedures as Attachment A is, when properly executed by a state,
adequate to serve as the state’s plan for purposes of the UCR agreement.
(bb) “Unified
Carrier Registration Agreement” or “UCR Agreement” means the interstate
agreement developed under the UCR Plan governing the collection and
distribution of registration information and UCR fees paid by motor carriers,
motor private carriers, brokers, freight forwarders, and leasing companies
pursuant to 49 U.S.C. Section 14504a.
(cc) “Unified Carrier
Registration fees” or “UCR fees” means the fees determined by the Secretary
based upon recommendation by the Board.
(dd) “Unified
Carrier Registration Plan” or “UCR Plan” means the organization of State,
Federal, and Industry representatives responsible for developing, implementing,
and administering the UCR Agreement.
(ee) “Unified
Carrier Registration System” or “URS” means the federal registration system
established by 49 U.S.C. Section 13908.
(ff)
“U.S.C.” means the United States Code.
(gg)
“USDOT” means the United States Department of
Transportation.
(hh) “Vehicle
Registration” means the registration of any commercial motor vehicle under the
International Registration Plan (IRP) as defined in 49 U.S.C. Section 31701 or
any other registration law or regulation of a State or foreign country.
The UCR Agreement will apply to the
following types of operations of passenger and property in interstate commerce:
(1)
Motor carrier;
(2)
Motor private carrier;
(3)
Freight forwarder;
(4)
Broker; and
(5)
Leasing company.
(b)
If motor vehicle(s) used purely in
intrastate operations are not included in the vehicle fleet count under the UCR
annual submission, it may subject those motor vehicles to be included in an
annual renewal with the State(s).
(a)
Any state is eligible to participate in the UCR
agreement only if the state submits to the Secretary a state plan prior to August 10, 2008. If a state fails to submit a state plan by
that date, it may not thereafter participate in the UCR agreement. A state may also require the enactment of its
own enabling legislation to participate in the program.
(b)
Notwithstanding subsection (a), for each of the registration
years 2007 and 2008, the Board may establish a requirement that a state wishing
to participate in the UCR agreement for either or both of these years must
submit a state plan to the Secretary prior to a date or dates determined by the
Board. A state that does not submit a
state plan by a date thus determined by the Board may not participate in the
immediately ensuing registration year, but such nonparticipation in either
registration year 2007 or both registration years 2007 and 2008 shall not
affect a state’s eligibility to participate in a future registration year under
subsection (a).
6. STATE
AMENDMENT TO THE STATE PLAN
7. STATE WITHDRAWAL OF THE STATE PLAN
8. BASE STATE DESIGNATION
(a) A motor carrier, motor
private carrier, broker, freight forwarder, or leasing company subject to the
UCRA shall choose a single base state, with which it shall register and pay its
UCR agreement fees. The base state
selection is made according to the following guidelines.
(1)
If the principal place of business of an entity subject to the UCR
agreement is a participating state, that
state shall serve as the entity’s base state.
(2)
If the principal place of business of
an entity subject to the UCR agreement is not located in a participating state,
the entity shall choose for its base state any participating state in which the
entity maintains an office or operating facility.
(3)
If an entity does not have a principal place of
business, office or operating facility in any participating state, the entity
shall choose for its base state the participating state that is nearest to the
location of the entity’s principal place of business or select any
participating state within their FMCSA region.
(b) If an entity subject to the UCR agreement
chooses a base state that does not meet the criteria established in this
section, and that state accepts the entity’s UCR agreement registration, any
other participating state may object to the entity’s base state designation.
(c) Once an entity subject to the UCRA has chosen
a base state under the provisions of this section, the entity may only change
its base state under the provisions of Section 9.
(a) Once an entity subject to the UCR agreement
has chosen a base state under the provisions of Section 8, the entity may only
designate another base state under one of the following circumstances:
(1) If the entity changes its principal place of
business, and the new principal place of business is located in a participating
state, the entity shall, effective with the next registration year following
the change, choose that participating state as its base state. If the entity’s new principal place of
business is not in a participating state, the entity’s base state shall not
change.
(2) If the state in which the principal place of
business of the entity is located becomes a participating state, the entity
shall, effective with the first registration year in which the state is a
participating state, choose that state as its base state.
(3) If the entity has chosen its base state under
the provisions of subsection (a)(2) of Section 8, and the entity establishes a
new office or operating facility in a participating state other than the
participating state it has chosen as its base state, the entity may, effective
with the next registration year, choose as its base state the state where the
new office or operating facility is located.
(4)
If the
entity has chosen its base state under the provisions of Subsection (a)(3) of
Section 8, and the entity establishes a principal place of business, office or
operating facility in a participating state, the entity shall, effective with
the next registration year, choose that participating state as its base state.
10. FORMS AND REGISTRATION
(a) Annual Filing
(1)
All registrants shall submit an annual filing of
information required within the UCR Agreement.
(2)
The registration period for a registration year
shall begin on August 1.
(3)
Each registrant will be required to register with
its base state before it begins to operate a commercial motor vehicle in
interstate commerce. UCR fees shall not be prorated for partial year operation.
(4)
Only one annual submission is required of the
registrant.
(5)
Each corporation, limited liability company, or
similar legal entity is a separate legal entity and is treated as a separate
registrant. Subsidiary or affiliate
companies shall be required to file separately.
Divisions within the company shall file as the single registrant.
(6)
The registrant who has registered under UCR
Agreement shall not be required to make any additional filings during the
registration year for addition or deletion of any commercial motor vehicles to
the registrant’s fleet.
(7)
A completed Unified Carrier Registration Form (“UCR
form”) (Appendix B) and payment of UCR fees shall be considered timely filed if
both are submitted to the base state before December 31 of each calendar
year. The annual submission will be
considered timely filed if the registration is made through a national or
regional electronic system.
(8)
The registrant shall not be required to submit, in
connection with its UCR Agreement registration, any information other than or
in addition to that required by the UCR form.
(9)
The Base
State shall review the
information contained on the UCR form to verify compliance with the UCR
Agreement and notify the registrant of noncompliance.
(10) If
the registrant complies with the requirements as prescribed within the UCR
Agreement, the Base
State shall consider the
annual submission complete.
(11) Registrants
are not required under this UCR Agreement to submit the name of a local agent
for service of process, information relating to financial responsibility or
information pertaining to interstate operations pursuant to 49 USC Sections
3138 or 31139.
(b) Payment of UCR
Fees
(1)
The registrant shall pay UCR fees to its Base State. No UCR fees can be collected by another State
or a State in noncompliance with the UCR Agreement.
(2)
Timely payment of UCR fees by the registrant through a
national or regional electronic system shall be treated as compliant filing
with the Base State.
(3)
Leasing companies (not a motor carrier), brokers and
freight forwarders (who do not operate any commercial motor vehicles) shall be
charged a UCR fee at the lowest bracket level for the registration year.
(4)
If the registrant is a motor carrier or a motor private
carrier and a broker, leasing company or freight forwarder, the registrant
shall be charged a UCR fee that is appropriate to the number of commercial
motor vehicles operated by the entity.
(5)
Freight forwarders who operate a fleet of motor
vehicles shall be treated as a motor carrier or a motor private carrier.
(c) Change in Status
(1)
If the registrant changes its principal place of
business following the beginning of the registration year, notice must be
provided to the current Base
State. Such notification shall be considered to
fulfill the requirement for notice to the Board for such change.
(2)
The Base
State shall be notified
of any name or address change of the registrant. This notice provision shall not require a
supplemental UCR Agreement filing. The
Base state may notify the registrant of any associated federal requirements.
(3)
The registrant shall notify the base state of a change
of ownership that requires a new USDOT number to be issued. The new entity will promptly register and pay
appropriate UCR fees as a new operation. If the change in ownership requires a
new USDOT number to be issued, the new registrant will file the UCR form to its
Base State and pay appropriate UCR fees as a
new operation.
(d) Refunds
(1)
The base state shall not issue a refund of UCR fees to
a registrant that changes or ceases its business operation after the beginning
of the registration year.
(2)
The base state may issue a refund of UCR fees to a
registrant that ceases its operations before the beginning of the registration
year for which fees were paid. A written
request shall be required before the refund can be issued. Any refunds issued
by the Base State shall be deducted from the amount
of UCR fees that the State shall be credited with collection for the
registration year.
(e)
Calculation of the Number of Commercial Motor Vehicles Owned or Operated
For Determination of UCR Fees
(1)
The number of commercial motor vehicles owned or
operated subject to the UCR fees are either 1) as reported on the most recently
filed MCS-150 with the USDOT, or 2) the total number of commercial motor
vehicles owned or operated for the twelve-month period ending on June 30
immediately prior to the beginning of the registration year.
(2)
The number of commercial motor vehicles owned or
operated by a registrant or is controlled by the registrant under a long term
lease (lease over 30 day duration) shall be included in the registrants
calculation of the fleet size. A vehicle
that is operated by the registrant under a lease of 30 days or less shall not
be included in this count.
(3)
Before issuing any documentation of UCRA compliance,
the Base State may require the registrant to
reconcile any discrepancy between the number of motor vehicles owned and leased
as reported on the MCS-150 form most recently filed with the USDOT.
(4)
The registrant has the option to include self-propelled
owned or leased commercial motor vehicles operated in intrastate or interstate
commerce for compensation regardless of the weight of the vehicle or the
passenger capacity.
(5)
Registrant may elect to exclude the number of
commercial motor vehicles owned or leased that was operated exclusively in the
intrastate transportation of property, waste or recyclable material.
(6)
The registrant has the option to include the number of
motor vehicles owned or leased used only in intrastate commerce regardless of
the state in which vehicles might have been operated.
(f)
Notification of UCRA Compliance
(1)
The participating State shall provide each
registrant documentation of compliance of the UCRA. That documentation may be in the form of a
paid invoice, letter, or other document supplied by the Base
State or on behalf of the Base State
by a national or regional electronic system.
This document may not be required by a State to be displayed in or on
any commercial motor vehicle.
(2)
No participating State shall require any registrant to
display any documentation of UCRA compliance in or on any motor vehicle.
(3)
No participating State shall consider the failure of
the registrant to display any documentation of UCRA compliance in or on the
motor vehicle as an indication of noncompliance with UCRA.
(4)
A participating state shall promptly provide
information concerning a registrant’s compliance status with the UCR Agreement
to the USDOT. This obligation is
considered fulfilled if the information is made on behalf of the state by a regional
or national system.
If a motor carrier or motor private carrier has complied
with State requirements to operate within the borders of a State including the
payment of fees to that State and later in the same registration year decides
to operate in interstate commerce, the motor carrier or motor private carrier
must comply with all the requirements of the UCR Plan.
(a) Once the registrant has complied with the
filing requirements and payment of the UCR fees, the State may not require any
additional payment of motor vehicle fees or issue any credentials for operations
within or through the State for an annual intrastate renewal.
(b)
The
registrant must comply with any initial application filing, filing proof of
insurance, tariff or reporting filing in effect by State law or agency
rule. Any fee associated with these processes
may also be charged.
(c)
No
annual renewal of intrastate authority or other annual filing (including proof
of insurance) may be required of a compliant UCR registrant.
The filing of evidence of financial responsibility of the
motor carrier or motor private carrier operating in interstate commerce shall
be established by the Secretary. Any
State or any political subdivision of a State may not require the filing with
the State of information pertaining to the financial responsibility of the
motor carrier or motor private carrier for the transportation of property or
passengers in interstate commerce.
The Board shall designate a depository for the collection of
funds under the UCR Agreement.
(a)
Each
participating State shall be entitled to a portion of the revenues derived from
the UCR Agreement in accordance with the UCR Agreement.
(b) A participating State may retain an amount
of the gross revenues it collects from the registrants under the UCR Agreement
equivalent to the portion of revenues to which the State is entitled.
(c) Participating states shall submit a
monthly financial report and shall submit any funds that were in excess of the
annual registration revenue in accordance with P.L. 109-59 to the depository as
identified by the UCR Board by the end of the following month.
(d) All revenues a participating State collects
in excess of the amount to which the State is entitled shall be forwarded to
the depository.
(e)
The excess funds deposited in the depository shall be distributed by the
Board as follows:
(1)
On a pro rata basis to each participating State that
did not collect revenues under the UCR Agreement equivalent to the amount the
State is entitled, except the sum of the gross revenues collected under the UCR
Agreement by a participating State and the amount distributed to it from the
depository shall not exceed the amount to which the State is entitled.
(2)
To pay the administrative costs of the UCR Plan and
UCR Agreement after all distributions under subparagraph (f) (1) of this
paragraph have been made.
(f) Any excess funds held by the depository
after distributions and payments shall be retained in the depository, and the
UCR fees charged under the UCR Agreement to the registrants for the next UCR
fee year shall be considered by the board in its recommendation of the fees for
the next registration period.
(a) The UCR Plan shall have a Board of
Directors consisting of members of representatives of the U.S. Department of
Transportation, participating States, and the Motor Carrier Industry. The
Secretary shall establish the Board.
(b) Composition of the Board.
The
Board shall consist of fifteen (15) members appointed by the Secretary as
follows:
(1)
FMCSA:
One director from each of the FMCSA’s four service areas (as those areas were
defined by FMCSA on January 1, 2005) from among the chief administrative
officers of the State agencies responsible for overseeing the administration of
the UCR Agreement.
(2)
State
Agencies: Five directors from the professional staffs of State agencies
responsible for overseeing the administration of the UCR Agreement in their
respective States. Nominees for these five directorships shall be submitted to
the Secretary by the national association of professional employees of the
State agencies responsible for overseeing the administration of the UCR
Agreement in their respective States.
(3)
Motor
Carrier Industry: Five directors from the Motor Carrier Industry. At least one
of the appointees under this clause shall be a representative of a national
trade association representing the general motor carrier of property industry.
At least one of the appointees under this clause shall represent a motor
carrier that falls within the smallest fleet UCR fee bracket.
(4)
Department of
Transportation: The Deputy Administrator of FMCSA, or such other Presidential
appointee from the Department as the Secretary may appoint.
(c) Officers.
The Board elects and recommends to
the Secretary, for approval, a
director as chairperson and one director as vice-chairperson of the Board. The
chairperson and vice-chairperson shall serve in such capacity for the term of
their appointments as directors.
(d) Terms of Directors.
The terms of the Board shall be as follows:
(1)
Initial
Terms: In appointing the initial Board, the Secretary shall designate five of
the appointed directors for initial terms of 3 years, five of the appointed
directors for initial terms of 2 years, and five of the appointed directors for
initial terms of 1 year.
(2)
Subsequent
Appointments to the Board: After the initial term, all directors shall be
appointed for terms of 3 years; except that the term of the Deputy
Administrator or other individual designated by the Secretary under
subparagraph (b) (4) of this section shall be at the discretion of the
Secretary.
(e) Succession and Vacancies.
A director may be appointed to succeed him or herself. A director not
so reappointed may continue to serve on the Board until his or her successor is
appointed. A vacancy on the Board shall be filled by the Secretary from the
departing director’s same group as those described in subparagraphs (b) (1),
(2) and (3) of this section.
(f) Board Responsibilities.
The Board shall issue rules and regulations to govern the UCR
Agreement. The rules and regulations shall:
(1)
Prescribe uniform forms and formats for:
(A)
The annual submission of the information required by a Base State
of a registrant;
(B)
The transmission of information by a participating
State to the URS;
(C)
The payment of excess UCR fees by a State to the
designated depository and the distribution of UCR fees by the depository to
those States so entitled; and
(D)
The providing of notice by a registrant to the Board of
the intent of such entity to change its Base State,
and the procedures for a State to object to such change under dispute
resolution.
(2)
Provide for the administration of the UCR Agreement,
including procedures for amending the agreement and obtaining clarification of
any provision of the UCR Agreement;
(3)
Provide procedures for dispute resolution under the UCR
Agreement that provide due process for all involved parties; and
(4)
Designate a depository.
(g) Duties of the Chairperson.
The chairperson shall appoint an industry advisory subcommittee, audit
subcommittee and a dispute resolution subcommittee. The chairperson may appoint any other
subcommittee and task forces that the Board determined to be necessary.
(h) Compensation and Expenses.
(1) Except
for the representative of the USDOT appointed under paragraph (d)(1)(B)(iv) of
§ 14504a, no director shall receive any compensation or other benefits from the
Federal Government for serving on the Board or be considered a federal employee
as a result of such service.
(2) All
directors shall be reimbursed for expenses they incur attending meetings of the
Board. In addition, the Board may approve the reimbursement of expenses
incurred by members of any subcommittee or task force appointed under
Subsection (j) of this section for carrying out the duties of the subcommittee
or task force. The reimbursement of expenses to directors and subcommittee and
task force members shall be under subchapter II of chapter 57 of title 5,
U.S.C., governing reimbursement of expenses for travel by federal employees.
(3) The chair
of the Board shall prepare an agenda for each meeting of the Board, and shall
distribute it to the members of the Board prior to the meeting.
(i) Meetings.
(1)
In general. The Board shall meet at least once per
year. Additional meetings may be called, as needed, by the chairperson of the
Board, a majority of the directors, or the Secretary.
(2)
Quorum. A majority of directors shall constitute a
quorum.
(3)
Voting. Approval of any matter before the Board shall
require the approval of a majority of all directors present at the meeting.
(4)
A member of the Board shall not be represented by
another and shall not vote by proxy.
(5)
Open meetings. Meetings of the Board and any
subcommittees or task forces appointed shall be open to the public and subject
to the provisions of Section 552b of title 5, U.S.C.
(6)
When it is not convenient for the members of the Board
to meet in person, the chair may arrange for a Board meeting by
teleconference. If it is not feasible
for an individual member of the Board to attend a meeting of the Board, the
member or the chair may arrange for the attendance of that member by telephone.
(7)
When a member of the Board shall have failed to
attend three successive Board meetings, the chair may, with the concurrence of
the Board, notify the Secretary of the fact, and request that the Secretary
remove the member from the Board.
(j) Subcommittees.
(1)
The chairperson shall appoint an industry advisory
subcommittee. The industry advisory subcommittee shall consider any matter
before the Board and make recommendations to the Board.
(2)
Other subcommittees. The chairperson shall appoint an
audit subcommittee, a dispute resolution subcommittee, and any additional
subcommittees and task forces that the Board determines to be necessary.
(3)
Membership. The chairperson of each subcommittee shall
be a director. The other members of subcommittees and task forces may be
directors or non-directors.
(4)
Representation on subcommittees. Except for the
industry advisory subcommittee (the membership of which shall consist solely of
representatives of entities subject to the UCR fee requirements of Section 16
of this UCR Agreement, each subcommittee and task force shall include
representatives of the participating States and the motor carrier industry.
(5)
Members of subcommittees shall serve at the pleasure of
the chairperson of the Board.
(6)
A majority of subcommittee members present constitute a
quorum.
(7)
Approval of any matter before the subcommittee shall
require the approval of a majority of all members present at the meeting.
(k) Delegation of Authority.
The Board may contract with any person or any agency of a State to
perform administrative functions required under the UCR Agreement, but may not
delegate its decision or policy-making responsibilities.
(l) Liability Protections for Directors.
No individual appointed to serve on the Board shall be liable to any
other director or to any other party for harm, either economic or non-economic
caused by an act or omission of the individual arising from the individual's
service on the Board or to any other party for harm, either economic or
non-economic, if—
(1)
The individual was acting within the scope of
his or her responsibilities as a director; and
(2)
The harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the right or safety of the party harmed by the individual.
(a) Determination of
UCR Fees.
(1)
The UCR fees shall be determined by the Secretary based
upon the recommendation of the Board.
(2)
UCR fees charged to a registrant under the UCR
Agreement shall be based on the number of commercial motor vehicles owned or
operated by the registrant.
(3)
UCR fees charged to a broker or leasing company in
connection with such a filing shall be equal to the smallest UCR fee charged to
a motor carrier, motor private carrier, or freight forwarder.
(4)
The Board shall develop no more than 6 and no less than
4 brackets of carriers based on the size of fleet.
(5)
The UCR fee scale shall be progressive in the amount of
the UCR fee.
(6)
The Board may ask the Secretary to adjust the
UCR fees within a reasonable range on an annual basis if the revenues derived
from the UCR fees are insufficient to provide the revenues to which the States
are entitled or exceed those revenues.
(7)
The Secretary shall set the annual UCR fees and any
adjustment of those UCR fees within 90 days after receiving the Board’s
recommendation and after notice and opportunity for public comment.
(b) Payment of UCR Fees to the Base State.
(1)
The registrant shall pay UCR fees to its Base State
only. No other State shall collect UCR
fees from a registrant who does not properly select its Base State
as required by law and this UCR Agreement.
(2)
Payment by the registrant to an online system that
indicates the Base State of the registrant shall be considered as
payment to the Base
State. UCR fees collected from that site shall be
sent to the Base State.
(c) Payment from the Base State
to the depository.
(1) The Base State
may retain an amount of the gross revenues it collects under the UCR Agreement
equivalent to the portion of revenues to which the State is entitled.
(2) All revenues a participating State collects
in excess of the amount to which the State is entitled shall be forwarded to
the designated depository. Excess UCR
fees in the depository shall be distributed by the Board on a pro rata basis to
each participating State that did not collect all of its entitled revenue.
(3) No State shall receive more than the State
is entitled under the law.
17.
BASE STATE RECORD KEEPING
(a) The Base State
shall maintain copies of paper records of registrants based in that
participating State, as submitted by the registrant. The records shall contain,
but not be limited to, UCR forms, correspondence and payments.
(b) Preservation of records maintained by the Base State.
(1)
Required
records shall be maintained by the Base
State on paper, microfilm, microfiche
or any other computerized or condensed record storage system, which meets the
legal requirements of the Base
State and shall be made
available to any participating State upon request.
(2)
Required
records shall be maintained by the Base
State for a minimum of
three years.
(a) A
registrant is required to preserve the UCR records upon which the annual
applications and renewals are based for three (3) years from the due date or
filing date, whichever is later, plus any time period included as a result of
State decisions or inquiries. The three (3) year period is the current calendar
year and the prior two (2) calendar years.
(b) Records may be
kept on paper, microfilm, microfiche, or other computerized or condensed record
storage system as required by the Base
State.
Any recommendation for changes to the UCR Agreement shall be
made in writing to the chairman of the Board.
Upon receipt of the request, copies may be provided to each Board member
and may be placed on the next Board agenda.
(a)
Civil
Actions. Upon request by the Secretary,
the Attorney General may bring a civil action in the United States district court
described in paragraph (b) to enforce an order issued to require compliance
with this section and with the terms of the UCR Agreement.
(b)
Venue. An action
under this section may be brought only in a United States district court in the
State in which compliance with the order is required.
(c)
Relief. Subject
to 28 U.S.C. Section 1341, the court, on a proper showing shall issue a
temporary restraining order or a preliminary or permanent injunction requiring
that the State or any person comply with this section.
(d)
Enforcement by States.
Nothing in this section shall:
(1)
Prohibit a participating State from issuing citations
and imposing reasonable fines and penalties pursuant to the applicable laws and
regulations of the State on any motor carrier, motor private carrier, freight
forwarder, broker, or leasing company for failure to:
(A)
Submit accurate documentation and information as required
under the UCR Agreement;
(B)
Pay the UCR fees required; or
(C)
Operate as an interstate motor carrier without being
compliant with UCRA.
(2)
Authorize a State to require a motor carrier, motor
private carrier, or freight forwarder to display as evidence of compliance any
form of identification in excess of those permitted under 49 CFR Section 14506
on or in a commercial motor vehicle.
UNIFIED CARRIER REGISTRATION
AGREEMENT
STATE PLAN
I,
________________[insert name and title of authorized person]__________________
of the _____________[insert name of State agency, department, or bureau]__________,
on behalf of the State of _____________[insert name of State]______________,
(State) pursuant to Section 14504a of 49 U. S. Code (established by Section
4305 of the Unified Carrier Registration Act of 2005, Public Law 109-59), do
hereby certify as follows:
- The _______[insert name of State agency,
department, or bureau]___________ has or will have the legal
authority, resources, and qualified personnel necessary to administer the
agreement in accordance with the rules and regulations promulgated by the
Board of Directors of the Unified Carrier Registration Plan pursuant to
Section 14504a of 49 U. S. Code;
- The State shall demonstrate that an amount at least
equal to the revenue derived by the State from the Unified Carrier
Registration Agreement shall be used for motor carrier safety programs,
enforcement, or administration of the Unified Carrier Registration Plan
and Unified Carrier Registration Agreement; and
- The State intends to participate in the Unified
Carrier Registration Agreement.
Signature:
_____________________________________
Date:
________________________
