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| Unified Carrier Registration fee enforcement now underway | ||||||||||||||
| 08/12/2008 | ||||||||||||||
 The U.S. Department of Transportation has adopted into federal law the Unified Carrier Registration Agreement (UCRA). This program requires that all interstate motor carriers, brokers, freight forwarders, and leasing companies must pay an annual fee. The UCRA fee for 2008 was due May 15 and most states began enforcement on July 1. Registration applications for 2009 will be mailed in September and roadside enforcement of 2009 fees is set to begin January 1, 2009. Oregon is one of several states that is not participating in the program in terms of acting as a base state and collecting fees. But Oregon and every other state must enforce UCR requirements. In fact, the Commercial Vehicle Safety Alliance (CVSA) is considering making the timely payment of UCRA fees part of the safety inspection criteria that applies nationwide. In the near future, failure to pay fees could be an out-of-service violation. Failure to have current UCR registration is a violation of FMCSR Part 392.2, a provision requiring that every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. Oregon law, ORS 825.104, was changed in the 2007 legislative session to require interstate for-hire and private carriers to comply with any requirements related to the program. Oregon enforcement officers are currently issuing warnings for violating that statute. But beginning January 1, 2009, they'll start issuing citations with a $427 fine. Note: The Oregon Department of Transportation receives no part of the fines collected through citations. Fines paid by motor carriers and truck drivers are split between circuit courts, justice courts, or municipal courts and various law enforcement agencies, along with a unitary assessment that goes to the Oregon Department of Revenue and a county assessment that goes to county treasuries.  Oregon enforcement officers are instructed to first ask if the driver is carrying a receipt proving that fees were paid. But since the program does not require that trucks carry paperwork, officers will verify that interstate operators have paid fees by accessing the Safety and Fitness Electronic Records System (SAFER) Web site.  The SAFER site is available to anyone who wants to look up public information about interstate operators. On the SAFER home page, scroll to the bottom and click on the Unified Carrier Registration (UCR) link to start the inquiry by entering a USDOT Number, MC/MX Number, or Freight Forwarder Number.  Click on Search to open an information screen with fields for "Registration Fee Paid" and "Registration Year." In the example shown here, the fields have a "Y" and "2008" indicating the operator has paid UCR fees for 2008. (If the USDOT Number is not known, SAFER offers the ability to query a SAFER Company Snapshot by using the interstate operator's name.) Three steps to paying UCR fees:
At a June 2008 meeting, the UCR Board of Directors voted to keep fees for the 2009 registration year the same as 2008 (see UCR Board letter posted on AAMVA Web site). This avoids a lengthy rulemaking for the Federal Motor Carrier Safety Administration and allows the participating states to start collecting fees as early as September 2009. The fee structure will again have six brackets ranging from $39 to $37,500. UCRA fee structure for calendar year 2009
Western States Participating in UCR in 2009
Alaska Department of Transportation — Commercial Vehicle Customer Service 11900 Industry Way, Building M, Suite 2, Anchorage AK 99515 907-365-1200 FAX 907-365-1221 Pay by: Cash, Check, Credit Card, Money Order, Certified Funds California Department of Motor Vehicles — Motor Carrier Permit Branch / Operations Unit P.O. Box 932370, Mail Station G875, Sacramento CA 94232-3700 916-657-8153 FAX 916-657-6803 Pay by: Cash, Check, Credit Card, Money Order, Certified Funds Colorado Public Utilities Commission 1560 Broadway, Suite 250, Denver, CO 80202 303-894-2000 select 4 FAX 303-894-2071 Payment options: Cash, Credit Card, Money Order, Certified Funds Idaho Transportation Department Commercial Vehicle Services - Motor Carrier PO Box 7129, Boise, ID 83707-1129 208-334-8611 FAX 208-334-2006 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds Montana Department of Transportation PO Box 4639, Helena, MT 59604-4639 406-444-2998 FAX 406-444-0800 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds New Mexico Public Regulation Commission/Transportation Division PO Box 1269, Sante Fe, NM 87504-1269 505-827-4519 FAX 505-476-0324 Payment options: Cash, Money Order, Certified Funds North Dakota Department of Transportation Motor Vehicle Division 608 East Boulevard Avenue, Bismarck, ND 58505-0780 701-328-2725, select 2 FAX 701-328-3500 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds South Dakota Department of Revenue & Regulation Division of Motor Vehicles-UCR Program 445 East Capitol Avenue, Pierre, SD 57501-3185 605-773-3314 FAX 605-773-4117 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds Utah Department of Transportation Motor Carrier Division 4501 S., 2700 West, PO Box 148240, Salt Lake City, UT 84114-8240 801-965-3871 FAX 801-965-4265 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds Washington Utilities & Transportation Commission Licensing Services PO Box 47250, Olympia, WA 98504-7250 360-664-1222 FAX 360-586-1181 Payment options: Check, Cash, Credit Card, Money Order, Certified Funds The Unified Carrier Registration Agreement (UCRA) got off to a late start in November 2007 so enforcement that year took the form of simply educating interstate operators about the new fee program. It was mid-year 2008 before states began collecting fees for that year so enforcement didn't get underway until July and many states have just been issuing warnings for failure to pay fees. Finally for 2009 it appears the program will start collecting fees in the final months of 2008 so that enforcement can begin January 1, 2009, and all states are expected to issue citations for failure to pay fees. UCR fees may only be used to support motor carrier safety and enforcement programs, or pay for UCR administration. The program is designed for states that need to replace revenue they formerly collected under the Single State Registration System (SSRS). Oregon never participated in SSRS and it’s not participating in UCRA. Oregon-based interstate operators must select another Western state and pay their fees to it, or pay online at ucr.in.gov. It’s not been reported how much states have collected from 2007 and 2008 fees. At one time it was assumed that fees would need to be recalculated based on the number of participating states and the total revenue they previously collected (in 2004) from the SSRS. In 2007 there were 33 participating states and they sought to recover over $101 million in revenue. In 2008 there were 41 states asking for a cut of fees collected and their “entitlement” topped $107 million (see list of states and entitlement amounts). By re-imposing the same fees for 2008 and 2009, the UCR Board avoids rulemakings that could lead to increased fees to compensate the states and possibly make up for any shortfall in 2007 and 2008 collections. More background The Unified Carrier Registration Agreement is a base-state system for registering interstate motor carriers with vehicles over 10,000 lbs., including private, for-hire, and exempt carriers, farmers operating in interstate commerce, and brokers, freight forwarders, and leasing companies. All of these operators must pay annual registration fees that fund state motor carrier safety programs, enforcement, and UCR administration. The UCRA replaces the Single State Registration System (SSRS), which since 1991 had been used by 38 states to register for-hire carriers and handle insurance filings. But the UCRA is different in that it does not include insurance requirements. Legislation passed in 2005 preempts states from imposing insurance requirements on interstate carriers and left them only subject to federal requirements in 49 CFR Part 387. Oregon chose not to participate in UCRA because of issues related to workload and requirements of participating states. Base states must accept paper registration forms, along with various forms of payment, and they must offer over-the-counter service. Oregon would be hardpressed to manage such a registration process, especially if a large number of operators in other states chose Oregon as their base state (California, for example, did not participate in UCRA in 2007 so its interstate operators were looking for a base state). |
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