States need legal authority to enforce PRISM registration sanctions for carriers that, due to poor safety performance, have been prohibited from interstate operations. Some states will need specific legislation enabling the enforcement of PRISM registration sanctions. Some states may be able to handle PRISM registration sanctions with administrative rule changes instead of procuring legislative authority. States must make sure that according to their own state statutes, they have the legal ability to make PRISM registration sanctions.

In some states, the authority for law enforcement to actually retrieve plates from carriers who have received PRISM registration sanctions must be procured separately from the authority discussed in the previous paragraph. Each state must decide the legality of this issue based on individual state statutes and seek legislative authority or change administrative rules to retrieve plates if it is necessary.

In PRISM states, enforcement resources are focused on carriers with the worst safety records. Therefore, vehicles that are registered to carriers in MCSIP are given priority at roadside for safety inspections. States that have adopted Probable Cause statutes may need to seek special legislative authority in order to be able to target, stop, and inspect such vehicles.

Grounds for Refusal of Registration:

Option 1
The (appropriate State agency) is authorized to refuse registration (and issuance of title) if a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited to operate by a Federal agency.

Option 2
The (appropriate State agency) shall refuse registration if a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited to operate by a Federal agency.

Registration Suspension and Revocation Based on Federal Prohibition from Operating in Interstate Commerce:
The (appropriate State agency) is authorized to suspend or revoke the registration, registration card, registration plate or permit of a commercial motor vehicle if the commercial motor carrier responsible for safety of the vehicle has been prohibited from operating by a Federal agency.

Combined Grounds for Refusal of Registration and Registration Suspension and Revocation Based on Federal Prohibition from Operating in Interstate Commerce:
The (appropriate State agency) is authorized to suspend, revoke or refuse to issue or renew the registration, registration card, registration plate or permit of a commercial motor vehicle if the commercial motor carrier responsible for safety has been prohibited from operating by a Federal agency.

Note: In all of these statements, the agency is authorized to prohibit both interstate and intrastate registration since interstate is not specified.

Grounds for Refusal of Registration Based on Fraud and/or Ineligibility for Registration by the Registrant or Motor Carrier Responsible For Safety:
The (appropriate State agency) shall deny registration if the applicant fails to disclose material information required or if the applicant has made a materially false statement on the application, or if the applicant's business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer or shareholder. The Department shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer or shareholder.

Collection of data (if needed by the state):
The (appropriate State agency) is authorized to collect and maintain necessary motor carrier or commercial motor vehicle data in a manner that complies with the information system established by the United States Secretary of Transportation under 49 U.S.C. 31106. The failure of the applicant to provide any information required by the registrar on the application or the failure to provide any required support documentation shall be grounds for the denial of the application.