What is the law that governs the UCR Agreement?
The UCR Agreement is established by federal law in the UCR Act, which is part of the federal highway reauthorization bill known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act, A Legacy for Users (“SAFETEA-LU”), Public Law 109-59, enacted August 10, 2005. The UCR Act is sections 4301 through 4308 of SAFETEA-LU. In particular, the structure of the UCR Agreement is set forth in section 4305 of the UCR Act, which enacts §14504a as a new section in 49 United States Code (“USC”).
Will there be a credential for UCR registrants under the UCR Agreement?
No. There is no UCR Agreement credential requirement. Section 4306 of the UCR Act includes a general prohibition against State requirements on interstate motor carriers, motor private carriers, freight forwarders, or leasing companies to display any credentials in or on a commercial motor vehicle. Although there are a number of exceptions to this general prohibition, none apply to the UCR Agreement.
What entities are not subject to the UCR fees?
There are two types of entities that are not subject to UCR fees: (1) entities that receive USDOT numbers under the PRISM program as “registrants” but have no interstate operating authority; and (2) purely intrastate carriers; that is, those that do not handle interstate freight or make interstate movements, unless the State has elected to apply the provisions of the UCR Agreement to such intrastate carriers.
What entities based in Canada, Mexico or any other country are subject to the UCR Agreement?
Motor carriers, motor private carriers, freight forwarders, leasing companies and brokers based in Canada, Mexico or any other country that operates in interstate or international commerce in the United States are subject to the UCR Agreement.
What will UCR registrants under the UCR Agreement have to do to comply?
A UCR registrant will be required to register annually for the UCR Agreement and pay its UCR fees at the same time. This can be accomplished by going to www.ucr.in.gov and registering.
What vehicles are considered commercial motor vehicles for purposes of the UCR fees?
The number of commercial motor vehicles for purposes of determining a carrier’s UCR fees is the number of commercial motor vehicles (power units and towed vehicles such as trailers) the carrier reported in the most recent Form MCS-150 it filed with FMCSA or the total number of commercial motor vehicles it owned or operated under long-term lease for the 12-month period ending on June 30 immediately prior to the beginning of the UCR Agreement registration year for which the fees are being determined. A commercial motor vehicle is one that is operated in commerce and has a GVW or GVWR of at least 10,001 pounds or, in the case of a passenger vehicle, is one built to carry more than 10 persons, including the driver. It also includes a vehicle that transports hazardous materials in a quantity that requires placarding. It does not include, for this purpose, a vehicle that operates wholly in intrastate commerce.
Will a motor carrier or motor private carrier subject to the UCR fees be required to file a supplemental report and fees if the size of its fleet increases or decreases during the year?
No. UCR fees will be set through a graduated structure of rates according to the number of commercial motor vehicles operated by a motor carrier or motor private carrier during the preceding year. Changes during the UCR Agreement registration year in the number of vehicles operated will not be reflected until the following year and the carrier will not need to report them currently.