CHAPTER
Saf-C 2400 UNIFIED
CARRIER REGISTRATION AGREEMENT
PART
Saf-C 2401
INCORPORATION BY REFERENCE
Saf-C
2401.01 Agreement. Under the authority provided by RSA 21-P:4,
XIV, the “Unified Carrier Registration Agreement” approved by the unified
carrier registration board on November 10, 2016, available as noted in Appendix
B, shall apply to the following types of operations of passenger and property
transportation in interstate commerce:
(a)
Motor carrier;
(b)
Motor private carrier of property;
(c)
Freight forwarder;
(d)
Broker; and
(e)
Leasing company.
Source. #1912, eff 1-11-82; ss by #2607, eff 1-31-84,
EXPIRED 1-31-90 (formerly Saf-P 701.01)
New. #4892, eff 7-31-90; ss by #6210, eff 3-22-96,
EXPIRED: 3-22-04
New. #9718, eff 5-27-10; ss by #12579, eff 7-20-18
PART
Saf-C 2402
COPIES OF UNIFIED CARRIER REGISTRATION AGREEMENT
Saf-C
2402.01 Requests. A person may request a copy of the unified
carrier registration agreement by contacting the department at the following
address:
Department
of Safety
ATTN:
Road Toll Administration
33
Hazen Drive
Concord,
NH 03305
Source. #1912, eff 1-11-82; ss by #2607, eff 1-31-84,
EXPIRED 1-31-90 (formerly Saf-P 702.01)
New. #4892, eff 7-31-90; ss by #6210, eff 3-22-96,
EXPIRED: 3-22-04
New.
#9718, eff 5-27-10; ss by #12579, eff
7-20-18
PART
Saf-C 2403
REFUNDS OF FEES
Saf-C
2403.01 Refunds of Unified Carrier
Registration Fees. For purposes of
section 10(d)(2) of the unified carrier registration agreement, the department
shall not 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.
Source. #12579, eff 7-20-18
PART
Saf-C 2404
CALCULATION OF NUMBER OF VEHICLES
Saf-C
2404.01 Calculation of the Number of
Commercial Motor Vehicles Owned or Operated for Determination of UCR Fees.
For purposes of section 10(e)(3) of the unified carrier registration agreement,
the department shall 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, unless:
(a)
The discrepancy, if corrected, would not result in the carrier being
placed into a higher payment bracket; or
(b)
The discrepancy is solely attributable to the number of motor vehicles
operating exclusively in intrastate commerce for activities other than the
transportation of passengers.
Source. #12579, eff 7-20-18
PART
Saf-C 2405
AUDITS
Saf-C
2405.01 Audits of Unified Carrier
Registration Carriers.
(a)
In addition to the audits required by sections 19(2) and 19(3) of the
unified carrier registration agreement, the department shall audit any carrier
following any international fuel tax agreement audits or international
registration plan audits which reveal the carrier’s noncompliance with either
of those respective programs.
(b)
For the audits required by sections 19(2) and 19(3) of the unified
carrier registration agreement and paragraph (a) above, the department shall
follow the “UCR Audit Process”, available at
https://ucrplan.org/wp-content/uploads/2018/02/UCR_AUDIT_PROCESS_Generic-002.pdf (as accessed and printed on July 16, 2018),
available as noted in Appendix B and as contained in Appendix C.
Source. #12579, eff 7-20-18
APPENDIX
|
Rule |
Specific State Statute the Rule
Implements |
|
Saf-C 2401 |
RSA
21-P:4, XIV; RSA 541-A:7; 49 USC 14504a |
|
Saf-C 2402 |
RSA
21-P:4, XIV; RSA 541-A:7; 49 USC 14504a |
|
Saf-C 2403 |
RSA
21-P:4, XIV; RSA 541-A:7; 49 USC 14504a |
|
Saf-C 2404 |
RSA
21-P:4, XIV; RSA 541-A:7; 49 USC 14504a |
|
Saf-C 2405 |
RSA
21-P:4, XIV; RSA 541-A:7; 49 USC 14504a |
APPENDIX II
|
|
TABLE
OF CONTENTS
1.
DEFINITIONS.....................................................................................................................................1
2. APPLICABILITY OF THE PROVISIONS OF THE UCR
AGREEMENT.......................................3
3. STATE OPTION TO INCLUDE INTRASTATE CARRIERS
IN THE UCR AGREEMENT .........4
4. REGISTRANT OPTION TO INCLUDE INTRASTATE MOTOR
VEHICLES...............................4
5. STATE ELIGIBLILITY TO PARTICIPATE IN THE UCR
AGREEMENT ....................................4
6. STATE AMENDMENT TO THE STATE PLAN
.............................................................................4
7. STATE WITHDRAWAL OF THE STATE PLAN
...........................................................................4
8. BASE STATE
DESIGNATION..........................................................................................................4
9. CHANGE IN
10. FORMS AND REGISTRATION
.....................................................................................................6
11. REGISTRATION UNDER THE UCR AGREEMENT AFTER
RECEIVING INTRASTATE AUTHORITY FROM A
STATE......................................................................................................8
12. INTRASTATE REGISTRATION FOR AN INTERSTATE
OPERATION IN COMPLIANCE WITH THE UCR AGREEMENT
................................................................................................................8
13. FINANCIAL
RESPONSIBILITY......................................................................................................9
14. ADMINISTRATION OF UCR FEES
...............................................................................................9
15. ADMINISTRATION OF THE UCR AGREEMENT
.......................................................................9
16. UCR FEES AND REVENUE
DISTRIBUTION..............................................................................13
17.
18. MOTOR CARRIER RECORD KEEPING
......................................................................................14
19. CHANGES TO THE UCR
AGREEMENT......................................................................................14
20.
ENFORCEMENT.............................................................................................................................14
ATTACHMENT
A - STATE PLAN ATTACHMENT B – REGISTRATION FORM
1. DEFINITIONS
(a) “Administrator”
means the Administrator of the FMCSA.
(b) “
(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) “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.
(h) “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.
(i) “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.
(j) “Interstate
commerce” means trade, traffic, or transportation in the
(1) A place in a State and a place outside of
such State (including a place outside of the
(2) Two places in a State through another State
or a place outside of the
(3) Two places in a State as part of trade,
traffic, or transportation originating or terminating outside the State or the
(k) “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.
(l) “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.
(m) “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.
(n) “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.
(o) “Motor carrier”
means a person providing motor vehicle transportation for compensation.
(p) “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.
(q) “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.
(r) “
(s) “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.
(t) “Registrant”
under the provisions of this agreement means a motor carrier, motor private
carrier, broker, leasing company or freight forwarder.
(u) “Registration
year” means a calendar year.
(v) “Renewal period”
means, with respect to a registration year, the period of August 1 through
December 31 of the immediately preceding year.
(w) “Secretary” means
the Secretary of the USDOT.
(x) “SSRS” means the
Single State Registration System in effect on the date of enactment of the UCR
Act of 2005.
(y) “State” means a
State of the
(z) “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.
(aa) “Unified Carrier Registration Agreement” or
“UCR Agreement” or “UCRA” 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.
(bb) “Unified
Carrier Registration fees” or “UCR fees” means the fees determined by the
Secretary based upon recommendation by the Board.
(cc) “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.
(dd) “Unified
Carrier Registration System” or “URS” means the federal registration system
established by 49 U.S.C. Section 13908.
(ee) “U.S.C.” means the United States Code.
(ff) “USDOT” means
the United States Department of Transportation.
(gg) “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.
2. APPLICABILITY
OF THE PROVISIONS OF THE UCR AGREEMENT
The
UCR Agreement will apply to the following types of operations of passenger and
property transportation in interstate commerce:
(1) Motor carrier;
(2) Motor private carrier of property;
(3) Freight forwarder;
(4) Broker; and
(5)
Leasing company.
3. STATE OPTION TO INCLUDE INTRASTATE CARRIERS
IN THE UCR AGREEMENT
A State may elect to apply the provisions of the UCR Agreement to motor
carrier and motor private carriers and freight forwarders subject to its
jurisdiction that operate solely in intrastate commerce within the border of
the State.
4. REGISTRANT OPTION TO INCLUDE INTRASTATE MOTOR
VEHICLES
(a)
An interstate motor carrier or motor private carrier may opt to include
motor vehicles under 10,001 gross vehicle weight and motor vehicles used in
purely intrastate operations.
(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).
5.
STATE ELIGIBLILITY TO PARTICIPATE IN THE UCR AGREEMENT
(a) Forty-one states
are eligible to participate in the UCR agreement because each state submitted
to the Secretary a state plan prior to the August 10, 2008, deadline. Any state that failed to submit a state plan
by that date, 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.
6.
STATE AMENDMENT TO THE STATE PLAN
If a participating state changes the agency that
administers the UCRA, it shall file with the Secretary and the chair of the
Board an amended state plan that reflects the change
7. STATE WITHDRAWAL OF THE STATE PLAN
A state that desires to withdraw from participation in the
UCRA shall file a notice by the end of the current registration year of its
intent to withdraw with both the Secretary and the chair of the Board. On the
effective date of the notice, the State may no longer participate in the
agreement or receive any portion of the revenues derived under the
agreement. The Secretary shall
immediately notify the chairperson of the Board of the impending withdrawal.
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.
9. CHANGE IN
(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.
(b) When an entity subject to the UCRA changes
its base state under any of the provisions of this section, it shall, before
the effective date of the change, notify the participating state that has been
acting 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
(10) If the registrant complies with the
requirements as prescribed within the UCR Agreement, the
(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 31138 or 31139.
(b) Payment of UCR Fees
(1) The
registrant shall pay UCR fees to its
(2) Timely
payment of UCR fees by the registrant through a national or regional electronic
system shall be treated as compliant filing with the
(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
(2) The
(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
(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
(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
(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
(2) No State shall require any registrant to
display any documentation of UCRA compliance in or on any motor vehicle.
(3) No 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.
11. REGISTRATION UNDER THE UCR AGREEMENT AFTER
RECEIVING INTRASTATE AUTHORITY FROM A STATE
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.
12. INTRASTATE REGISTRATION FOR AN INTERSTATE
OPERATION IN COMPLIANCE WITH THE UCR AGREEMENT
(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.
Exception. This paragraph does not apply
to intrastate transportation of waste and recyclable materials by any carrier;
intrastate transportation by motor carriers of household goods, non-consensual
tows; or passengers by non-charter bus.
(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.
13. FINANCIAL
RESPONSIBILITY
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.
14. ADMINISTRATION OF UCR FEES
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 (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.
15. ADMINISTRATION OF THE UCR AGREEMENT
(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
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
(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, except that a decision to approve the
exclusion of carriers from the definition of the term ‘motor carrier’ under 49
USC Section 14504a(a)(5) shall require an affirmative vote of ¾ of all such
directors.
(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.
16. UCR FEES AND REVENUE DISTRIBUTION
(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
(1) The registrant shall pay UCR fees to its
(2) Payment by the registrant to an online system
that indicates the
(c) Payment from the
(1) The
(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.
(a) The
(b) Preservation of
records maintained by the
(1) Required records shall be maintained by the
(2) Required records shall be maintained by the
18. MOTOR CARRIER RECORD KEEPING
(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
19. CHANGES TO THE UCR AGREEMENT
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.
20. ENFORCEMENT
(a)
Civil Actions. Upon request by the Secretary, the Attorney General may
bring a civil action in the
(b)
Venue. An action under this section may be brought only in a
(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.
Attachment
A – State Plan
UNIFIED
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:
1. 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;
2. 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
3.
The State intends to participate in the Unified Carrier Registration
Agreement.
Signature:
_____________________________________
Date:
________________________
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