(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
