CHAPTER 214
SB 98 – FINAL VERSION
18May2011… 1353h
2011 SESSION
03/09
SENATE BILL 98
AN ACT revising the international registration plan.
SPONSORS: Sen. Rausch, Dist 19
This bill adopts selected recent revisions to the international registration plan.
This bill was requested by the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18May2011… 1353h
11-0960
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT revising the international registration plan.
Be it Enacted by the Senate and House of Representatives in General Court convened:
214:1 International Registration Plan. RSA 260:75 is repealed and reenacted to read as follows:
260:75 International Registration Plan. The IRP referred to in this subdivision shall take substantially the following form:
Article I. Purpose and Principle
A. This reciprocal agreement shall be known as the International Registration Plan and referred to as the plan.
B. The fundamental principal of the plan is to promote and encourage the fullest possible use of the highway system by authorizing the proportional registration of apportionable fleets of vehicles, and the recognition by each member jurisdiction of the registration of vehicles apportioned by other member jurisdictions thus contributing to the economic and social development and growth of the jurisdictions.
C. It is the purpose of the plan to implement the concept of one registration plate for one vehicle.
D. The intent of the plan is to encourage member jurisdictions to grant exemptions from the payment of non-apportionable fees by registrants.
E. It is the purpose of the plan to provide a system through which member jurisdictions grant reciprocity to apportioned proportionally registered fleets of vehicles, and to provide for the continuance of reciprocity granted to those vehicles that are not eligible for apportioned registration under the plan.
F. The plan preempts any agreement, arrangement, or understanding of any kind between any 2 or more member jurisdictions concerning matters within the plan. The plan shall not, however, affect any agreement, arrangement, or understanding between a member jurisdiction and a jurisdiction that is not a member jurisdiction.
G. A registrant’s payment to the base jurisdiction of apportionable fees due under the plan to all member jurisdictions discharges the registrant’s responsibility for payment of apportionable fees to individual member jurisdictions.
H. This plan applies only to apportionable fees. Nothing in this plan shall be construed to waive any fees or taxes authorized by the laws of any member jurisdiction in connection with the ownership or operation of vehicles.
Article II. Definitions
A. “Allocation” means a system of registering a fleet that operates in more than one member jurisdiction under which the vehicles are fully registered in individual member jurisdictions in proportion to a measure of the presence or travel of the fleet in each one, and under which the vehicles so registered are granted reciprocity in all the member jurisdictions in which any of the vehicles of the fleet is registered.
B. “APM” means the audit procedures manual.
C. “Applicant” means a person in whose name an application is filed for registration under the plan.
D. “Apportionable fee” means any periodic recurring fee or tax required for registering vehicles, such as registration, license, or weight fees.
E. “Apportionable vehicle” means (except as provided below) any power unit that is used or intended for use in 2 or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and:
1. has 2 axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms), or
2. has 3 or more axles, regardless of weight, or
3. is used in combination, when the gross vehicle weight of such combination exceeds 26,000 pounds (11,793.401 kilograms).
A recreational vehicle, a vehicle displaying restricted plates, a bus used in the transportation of chartered parties or a government-owned vehicle, is not an apportionable vehicle; except that a truck or truck tractor, or the power unit in a combination of vehicles having a gross vehicle weight of 26,000 pounds (11,793.401 kilograms), or less, and a bus used in the transportation of chartered parties, nevertheless may be registered under the plan at the option of the registrant.
F. “Apportioned vehicle” means an apportionable vehicle that has been registered under the plan.
G. “Audit” means the physical examination of a registrant’s operational records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and the accuracy of the registrant’s record-keeping system for its fleet. Such an examination may be of multiple fleets for multiple years.
H. “Auxiliary axle” means an auxiliary undercarriage assembly with a fifth wheel and tow-bar used to convert a semi-trailer to a trailer.
I. “Axle” means an assembly of a vehicle consisting of 2 or more wheels whose centers are in one horizontal plane, by means of which a portion of the weight of a vehicle and its load, if any, is continually transmitted to the roadway. For purposes of registration under the plan, an “axle” is any such assembly whether or not it is load-bearing only part of the time.
J. “Board” means the board of directors of the repository.
K. “Cab card” means an evidence of registration, other than a plate, issued for an apportioned vehicle registered under the plan by the base jurisdiction and carried in or on the identified vehicle.
L. “Chartered party” means a group of persons who, pursuant to a common purpose and under a single contract, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the group after leaving the place of origin. This term includes services rendered to a number of passengers that a passenger carrier or its agent has assembled into a travel group through sales of a ticket to each individual passenger covering a round trip from one or more points of origin to a single advertised destination.
M. “Combination of vehicles” means a power unit used in combination with one or more trailers, semi-trailers, or auxiliary axles.
N. “Commissioner” means the jurisdiction official in charge of registration of vehicles.
O. “Credentials” means the cab card and plate issued in accordance with the plan.
P. “Enforcement date” means the date the base jurisdiction requires a registrant to display the new registration year’s credentials.
Q. “Established place of business” means a physical structure located within the base jurisdiction that is owned or leased by the applicant or registrant and whose street address shall be specified by the applicant or registrant. This physical structure shall be open for business and shall be staffed during regular business hours by one or more persons employed by the applicant or registrant on a permanent basis (i.e., not an independent contractor) for the purpose of the general management of the applicant’s or registrant’s trucking-related business (i.e., not limited to credentialing, distance and fuel reporting, and answering telephone inquiries). The applicant or registrant need not have land line telephone service at the physical structure. Operational records concerning the fleet shall be maintained at this physical structure (unless such records are to be made available in accordance with the provisions of Article XIV.A.2). The base jurisdiction may accept information it deems pertinent to verify that an applicant or registrant has an established place of business within the base jurisdiction.
R. “Estimated distance” means either (i) the anticipated distance a fleet is expected to travel in a member jurisdiction during an applicable registration year as reported by an applicant or (ii) the distance assigned to the fleet by the base jurisdiction.
S. “Exception” means a deviation from the plan by a member jurisdiction, which has been approved by all member jurisdictions.
T. “Fleet” means one or more apportionable vehicles designated by a registrant for distance reporting under the plan.
U. “Household goods carrier” means a carrier handling (i) personal effects and property used or to be used in a dwelling, or (ii) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, including objects of art, displays, and exhibits, which, because of their unusual nature or value, requires the specialized handling and equipment commonly employed in moving household goods.
V. “In-jurisdiction distance” means all of the distance operated during the reporting period or the distance estimated to be operated by a fleet in a particular member jurisdiction for the registration year.
W. “Interjurisdiction movement” means vehicle movement between or through 2 or more jurisdictions.
X. “Intrajurisdiction movement” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.
Y. “IVDR” means individual vehicle distance record. It is the original record generated in the course of actual vehicle operation and is used as a source document to verify the registrant’s reported distance. An IVDR must contain the information set forth in the APM.
Z. “Jurisdiction” means a country or a state, province, territory, possession, or federal district of a country.
AA. “Lease” means a transaction evidenced by a written document in which a lessor vests exclusive possession, control, and responsibility for the operation of a vehicle in a lessee for a specific term. A long-term lease is for a period of 30 calendar days or more. A short-term lease is for a period of less than 30 calendar days.
BB. “Lessee” means a person that is authorized to have exclusive possession and control of a vehicle owned by another under terms of a lease agreement.
CC. “Lessor” means a person that, under the terms of a lease agreement, authorizes another person to have exclusive possession, control of, and responsibility for the operation of a vehicle.
DD. “Member jurisdiction” means a jurisdiction that has applied and has been approved for membership in the plan in accordance with Article XIX.
EE. “Motor vehicle” means a vehicle which is self-propelled by power other than muscular power and which does not move on rail.
FF. “Operational records” means source documents that evidence distance traveled by a fleet in each member jurisdiction, such as fuel reports, trip sheets, and driver logs, including those which may be generated through on-board recording devices and maintained electronically, as required by the APM.
GG. “Person” means a natural person or business entity such as a corporation, partnership, or limited liability company.
HH. “Plate” means the license plate, including renewal decals, if any, issued for a vehicle registered under the plan by the base jurisdiction.
II. “Pool,” with respect to motor bus operations, means an agreement or combination among motor carriers of passengers, with the approval of the U.S. Department of Transportation or relevant provincial authority, to combine or divide traffic, services, or any part of their earnings.
JJ. “Power unit” means a motor vehicle (but not including an automobile or motorcycle), as distinguished from a trailer, semi-trailer, or an auxiliary axle.
KK. “Properly registered vehicle” means a vehicle which has been registered in full compliance with the laws of all jurisdictions in which it is intended to operate.
LL. “Repository” means the reciprocal grant by one jurisdiction of operating rights or privileges to properly registered vehicles registered by another jurisdiction, especially but not exclusively including privileges generally conferred by vehicle registration.
MM. “Repository agreement” means an agreement, arrangement, or understanding between 2 or more jurisdictions under which each of the participating jurisdictions grants reciprocal rights or privileges to properly registered vehicles that are registered under the laws of other participating jurisdictions.
NN. “Recreational vehicle” means a vehicle used for personal pleasure or personal travel and not in connection with any commercial endeavor.
OO. “Registrant” means a person in whose name a properly registered vehicle is registered.
PP. “Registration year” means the 12-month period during which, under the laws of the base jurisdiction, the registration issued to a registrant by the base jurisdiction is valid.
QQ. “Rental fleet” means vehicles the rental owner designates as a rental fleet and which are offered for rent with or without drivers.
RR. “Rental owner” means someone who rents vehicles to others with or without drivers.
SS. “Rental vehicle” means a vehicle of a rental fleet.
TT. “Reporting period” means, except as provided below, the period of 12 consecutive months immediately prior to July 1 of the calendar year immediately preceding the beginning of the registration year for which apportioned registration is sought. If the registration year begins on any date in July, August, or September, the reporting period shall be the previous such 12-month period.
UU. “Residence” means the status of an applicant or a registrant as a resident of a member jurisdiction.
VV. “Restricted plate” means a plate that has a time, geographic area, distance, or commodity restriction or a mass transit or other special plate issued for a bus leased or owned by a municipal government, a state or provincial transportation authority, or a private party, and operated as part of an urban mass transit system, as defined by the jurisdiction that issues the plate.
WW. “Semi-trailer” means a vehicle without motor power that is designed to be drawn by a motor vehicle and is constructed so that a part of its weight rests upon or is carried by a towing vehicle.
XX. “Service representative” means a person that furnishes facilities and services, including sales, warehousing, motorized equipment, and drivers under contract or other arrangement to a motor carrier for the transportation of household goods.
YY. “Total distance” means all distance, including that accrued on trip permits, operated by a fleet of apportioned vehicles in all member jurisdictions during the reporting period.
ZZ. “Trip permit” means a permit issued by a member jurisdiction in lieu of apportioned or full registration.
AAA. “Vehicle” means a device used to transport persons or property on a highway, but does not include devices moved by human power or used exclusively upon rails or tracks.
Article III. Fees
A. The registration fee for apportionable vehicles shall be determined as follows:
1. The following method is to be used to calculate the apportionment percentage with respect to a fleet for each member jurisdiction in which apportioned registration is sought.
(a) For a member jurisdiction in which the fleet (1) accrued distance during the reporting period, or (2) has never been apportioned and did not accrue distance during the reporting period:
(i) determine the total actual distance operated during the reporting period in all member jurisdictions where fleet vehicles were apportioned during the reporting period and where the registrant desires to renew apportioned registration;
(ii) estimate the total distance to be operated by the fleet during the registration year in all member jurisdictions where fleet vehicles were neither previously apportioned nor accrued actual distance during the reporting period, but in which the registrant desires apportioned registration; and
(iii) add the amount determined in subparagraph (i) to the amount determined in subparagraph (ii).
The apportionment percentage for each such member jurisdiction is the distance attributed to that member jurisdiction divided by the amount determined in subparagraph (iii) of this subparagraph (calculated to 6 decimal places and rounded to 5 decimal places), times 100.
(b) For a member jurisdiction in which the fleet did not accrue distance during the reporting period but in which it has previously been apportioned:
(i) estimate the total distance to be operated during the registration year in all such member jurisdictions; and
(ii) add this amount to the amount determined in subparagraph (iii) of subparagraph (a).
The apportionment percentage for each member jurisdiction is the estimated distance attributed to that member jurisdiction divided by the amount determined in subparagraph (ii) of this subparagraph (calculated to 6 decimal places and rounded to 5 decimal places), times 100.
(c) For purposes of subparagraph (a), a fleet shall be considered never to have been apportioned in a member jurisdiction if the registrant has neither (i) owned or leased apportioned vehicles during the 18 months prior to the date of its application for apportioned registration, nor (ii) accrued actual distance by operating apportioned vehicles in any member jurisdiction during the reporting period.
(d) If a fleet was apportioned in a member jurisdiction for no more than the last 90 calendar days of the reporting period, the fleet’s apportionment percentage for that member jurisdiction may, at the option of the registrant, be calculated under subparagraph (a) if, with respect to that member jurisdiction, the fleet otherwise meets the qualifications of subparagraphs (a) and (c).
2. Additional Jurisdictions.
(a) A registrant may, after the beginning of the registration year, add one or more member jurisdictions to those in which its fleet is apportioned.
(b) If the fleet accrued actual distance in an added member jurisdiction during the reporting period, this amount must be used in calculating the apportioned fee for the member jurisdiction, and an estimate of distance may not be used. If the fleet did not accrue actual distance during the reporting period in the member jurisdiction being added, an estimate representing annual distance to be traveled in the member jurisdiction shall be used.
(c) The apportionment percentage for a member jurisdiction to be added shall be:
(i) the actual distance or estimate determined for the member jurisdiction in subparagraph (b) divided by,
(ii) the sum of: the denominator determined under subparagraph 1 for the apportionment percentages of the registrant at the time of its initial application for apportioned registration for the registration year, plus the actual distance or estimate determined for the member jurisdiction in subparagraph (b), plus the sum of the actual distance or estimates for any other member jurisdiction or member jurisdictions added to its registration by the registrant since the beginning of the registration year,
(iii) with the quotient carried to 6 and rounded to 5 decimal places and multiplied by 100.
(d) The apportioned fee for the added member jurisdiction shall then be calculated according to Section 400 of the plan.
(e) In no event shall the calculation of an apportioned fee for a member jurisdiction added to a registration during the registration year alter the apportionment percentages previously determined for any other member jurisdiction for the year.
B. No member jurisdiction shall require any minimum registration fee for an apportionable vehicle. A base jurisdiction may by law require payment of additional fees for each apportioned vehicle, such as for issuing credentials or filing an application for apportioned registration.
Article IV. Application for Proportional Registration
A.1. An applicant for proportional registration shall file a uniform application with the commissioner of the base jurisdiction in lieu of registration under any other registration statute of any member jurisdiction.
2.(a) An applicant may elect as its base jurisdiction any member jurisdiction (i) where the applicant has an established place of business, (ii) where the fleet the applicant seeks to register under the plan accrues distance, and (iii) where operational records of the fleet are maintained or can be made available.
(b) An applicant that does not have an established place of business in any jurisdiction may designate as a base jurisdiction any member jurisdiction (i) where the applicant can demonstrate residence, (ii) where the fleet the applicant seeks to register under the plan accrues distance, and (iii) where operational records of the fleet are maintained or can be made available.
(c) To establish residence in a member jurisdiction, an applicant must demonstrate to the satisfaction of the member jurisdiction at least 3 of the following:
(i) if the applicant is an individual, that his or her driver’s license is issued by that jurisdiction,
(ii) if the applicant is a corporation, that it is incorporated or registered to conduct business as a foreign corporation in that jurisdiction,
(iii) if the applicant is a corporation, that the principal owner is a resident of that jurisdiction,
(iv) that the applicant’s federal income tax returns have been filed from an address in that jurisdiction,
(v) that the applicant has paid personal income taxes to that jurisdiction,
(vi) that the applicant has paid real estate or personal property taxes to that jurisdiction,
(vii) that the applicant receives utility bills in that jurisdiction in its name,
(viii) that the applicant has a vehicle titled in that jurisdiction in its name, or
(ix) that other factors clearly evidence the applicant’s legal residence in that jurisdiction.
B. Applications for proportional registrations shall be filed on a date as determined by the base jurisdiction. Every application for proportional registration shall, at the time and in the manner required by the commissioner, be supported by the payment of the registration fees in the amount determined in Article III, provided, however, the commissioner may, by rule, postpone payment of fees until after the commissioner has computed the fees due.
C.1. The application shall contain the number of power units with such vehicle description as may be required by the jurisdictions concerned and a uniform distance schedule.
2. The base jurisdiction, after receiving its proportionate fees, shall supply the necessary identification plates and prepare cab cards, listing on the front of the cab cards the jurisdictions where the vehicles are proportionately registered, the weight for which registered, and other necessary information in each of the jurisdictions. The base jurisdiction may, in its discretion, withhold issuing plates and cards until it has received evidence of payment due other member jurisdictions.
3. The base jurisdiction shall notify the other declared jurisdictions that a proportional registration application has been filed, and shall furnish the declared jurisdiction a uniform distance schedule.
4. All plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid.
5. The base jurisdiction shall cooperate with other declared jurisdictions in connection with applications and fees paid.
D. In those cases where household goods carrier equipment is elected to be registered in the base jurisdiction of the service representative, the equipment shall be registered in said service representative’s name and that of the carrier as lessee with the apportionment of fees according to the combined records of the service representative and those of the carrier, and such records must be kept or made available in the service representative’s base jurisdiction. If the election is the base jurisdiction of the carrier, and such jurisdiction is a member jurisdiction, the equipment shall be registered by and in the name of the carrier and that of the service representative as lessor with the apportionment of fees according to the records of the carrier and the service representative, which must include intrastate distance operated by those vehicles applicable under this agreement, and the records must be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.
Article V. Registration of Apportionable Vehicles
A. The commissioner of the base jurisdiction shall register apportionable vehicles upon application and payment of the registration fees as provided in Articles III and IV. Payment of additional fees for each vehicle so registered may be required by the commissioner of the base jurisdiction, in an amount provided by statute or regulation of the base jurisdiction for issuance of a plate. A registration card shall be issued, which should list the jurisdictions in which the vehicle has been apportioned, the weight and classification of fee for which registered according to the applications and payments furnished by the applicant. Such registration card shall be carried in or upon the vehicle for which it has been issued at all times.
B. Vehicles registered as provided in paragraph A of this Article shall be deemed fully registered in all jurisdictions where proportionately registered for any type of movement or operation provided the registrant has proper authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.
C. There shall be no minimum vehicle fees for any apportionable vehicle, except those statutory fees for issuance of identifications or filings of applications.
D. Registrants shall register all owner-operated vehicles on the basis of the registrant’s distance figures for the preceding year.
Article VI. Registration of Additional Fleet Vehicles
A. Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the distance percentage used in the original application for such fleet for such reporting period to the regular registration fees due with respect to such vehicles for the remainder of the registration year.
B. All applications for additional fleet vehicles shall be filed and processed in the same manner as the original application.
Article VII. Withdrawal, Credits, Replacement Vehicles, and Accounting
A. If a vehicle is withdrawn from a registration year, the amount of the apportionable fee for the vehicle for the remainder of the registration year shall be available for transfer to the registration of a replacement vehicle in the fleet or subject to the law of each member jurisdiction, may be credited or refunded to the registrant. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the unused portion of the fees paid with respect to such vehicle, where permitted by statute, shall be refunded by each jurisdiction or be applied against liability of such registrant for subsequent additions to such fleet during such registration year or for additional fees upon audit.
B. If the registrant is replacing a vehicle for one withdrawn from the fleet and such vehicle is of the same weight category as that replaced, the registrant shall file a supplemental application with the base jurisdiction. The base jurisdiction shall, in accordance with provisions in Article VI.B, issue a new cab card and transfer the identification plates to the new vehicle. When a replaced vehicle is of greater weight or requires a larger registration fee, the registrant shall file the re-registration with the base jurisdiction in a manner set forth in Article VI for the registration of additional fleet vehicles.
Article VIII. New Operations
Initial applications for proportional registrations shall state the distance data in all jurisdictions for the reporting period with respect to such vehicle or vehicles. If no operations were conducted with such vehicle or vehicles during the reporting year, the application shall contain a full statement of the proposed method of operation and estimates of annual distance in each of the jurisdictions. The registrant shall determine the in-jurisdiction and total distance to be used in computing the proportional registration fee for the vehicle or vehicles. The base jurisdiction commissioner may adjust the estimate in the application if the base jurisdiction commissioner is not satisfied with its correctness.
Article IX. Registration of Owner-Operator Vehicles
A. Proportional registration for owner-operators who lease their vehicles to motor carriers on a long term basis shall be accomplished as follows:
1. The lessee shall be the registrant and the vehicle shall be registered by the carrier, but in both the owner-operator’s name and that of the carrier as lessee, with the allocations of fees according to the records of the carrier.
2. The identification plates and cab cards shall be the property of the lessee.
3. Should an owner-operator leave the fleet of the lessee, the lessee may proceed in accordance with Article VII.
B. Vehicles of owner-operators that are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the jurisdiction in which the vehicle is being operated shall be subject to the trip permit requirement as set forth in Article XII.
C. Each jurisdiction shall provide a means of registration for owner-operators not operating as a lessor. Such registrations shall be a restricted plate or permit issued for a minimum fee and for a registered gross weight not in excess of the empty weight of the vehicle.
Article X. Trip Leasing
The lessee, except as provided for service representatives in Article IV.D, is responsible for the proper registration of the vehicle, except that an apportioned operator may lease equipment to another apportioned fleet operator and the lessor shall be responsible for reporting on the proportional application the distance traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement. The leased vehicle must bear proportional credentials and be operated only in the jurisdictions to which fees have been paid or a trip permit will be required. The service representative in Article IV.D shall also have the same responsibility for qualifying his or her vehicles.
Article XI. Registration of Rental Vehicles
A. Rental fleets owned by any person or firm engaged in the business of renting such vehicles shall be extended full interjurisdictional and intrajurisdictional privileges, provided that:
1. Such vehicles are part of a rental fleet which are identifiable as being part of such fleet; and
2. Such person or firm has received approval from the jurisdiction to apportion such rental fleet; and
3. Such person or firm registers the vehicles as described below:
(a) Trucks and truck-tractors. In accordance with Articles III, IV, V, VI, and VII of this agreement.
(b) Rental passenger cars. Divide the gross revenue received in the preceding year for use of such rental vehicles arising from passenger car rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from passenger car rental transactions occurring in all jurisdictions in which such vehicles were operated. The resulting percentage shall be applied to the total number of passenger cars in the fleet and that figure shall be the number of rental passenger cars that shall be fully registered in a jurisdiction.
(c) The owner of rental utility trailers of gross vehicle weight 6,000 pounds (2,751.554 kilograms) or less shall register in each member jurisdiction a number of trailers equal to the average number of trailers rented in or through the member jurisdiction during the preceding year. For this purpose, a trailer shall be considered to be rented in or through the member jurisdiction in which the trailer first comes into possession of the lessee.
(d) One-way vehicle. The owner of trucks registered for 26,000 pounds (11,793.401 kilograms) or less that are identified as a part of a one-way rental fleet may (i) allocate all of such vehicles to the respective member jurisdictions in proportion to the mileage operated in each member jurisdiction by the rental fleet, or (ii) register all of such vehicles as apportioned vehicles under the plan. A one-way rental vehicle registered in accordance with this subparagraph may be used in both interjurisdictional and intrajurisdictional operation.
Article XII. Trip Permit Registration
A. Trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.
B. A person desiring a trip permit registration shall make application therefor on forms provided by the commissioner. Every such application shall be accompanied by the required fee. Every trip permit shall be carried in the cab of the vehicle for which such permit is issued.
C. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interjurisdictional or intrajurisdictional commerce in the jurisdiction for the period allowed under such permit.
D. Trip permits shall not be used to evade or circumvent this agreement.
E. Member jurisdictions that issue a trip permit on behalf of another member jurisdiction shall collect the applicable trip permit fee and forward it to the other member jurisdiction.
Article XIII. Preservation of Records and Audit
A.1. The base jurisdiction shall require a registrant to preserve all operational records on which the registrant’s application for apportioned registration is based for a period of 3 years following the close of the registration year to which the application pertains and to make these records available for examination by the base jurisdiction at its request.
2. Records may be kept on microfilm, microfiche, or other computerized or condensed record storage system acceptable to the base jurisdiction.
B. The base jurisdiction may impose an assessment on a registrant that fails to maintain records in accordance with the APM or that fails to provide records within 30 calendar days of the issuance of a written request by the base jurisdiction. Such an assessment shall be based on the base jurisdiction’s estimate of the registrant’s true liability as determined from evidence furnished by the registrant or available to the base jurisdiction from its own or other sources.
Article XIV. Audits
A.1. The base jurisdiction shall audit the registrants to which it has issued apportioned registration. The purpose of such an audit shall be to access the accuracy of the distances reported in a registrant’s application for apportioned registration and, where inaccuracies are found, to adjust the registrant’s fees accordingly. Each member jurisdiction shall conduct a number of audits equivalent to an average of 3 percent per year of the number of fleets whose registration it renews annually under the plan, as required to be reported by the member jurisdiction in the annual report filed pursuant to the plan. Upon the peer review of a member jurisdiction, this requirement shall be deemed to have been met if, during the interval since the previous peer review of the member jurisdiction, it has audited an average of 3 percent of the number of renewed fleets. For purposes of this requirement, the examination of one fleet for one registration year shall be deemed to be one audit. Nothing in this paragraph shall preclude a member jurisdiction from conducting more audits than it is required to under this paragraph, or from auditing a registrant more than once during the interval between peer reviews.
2. If a registrant’s operational records are not provided in its base jurisdiction and the base jurisdiction sends auditors beyond its borders to conduct the audit, the base jurisdiction may require the registrant to reimburse the base jurisdiction for the per diem and travel expenses that the auditors incur in conducting the examination.
B. Upon completion of any such audit, the commissioner shall notify all member jurisdictions in which the registrant was proportionally registered of the accuracy of the records of such registrant. If the registrant shall have miscalculated the fees due any jurisdiction in which his or her vehicles were proportionally registered, such information shall be furnished to the jurisdictions for adjustment.
C.1. The base jurisdiction shall provide a registrant 30 calendar days from the date the registrant is notified of the findings of an audit or a reexamination to file a written appeal of the audit or reexamination with the base jurisdiction. Such an appeal shall proceed in accordance with the administrative and appellate procedures of the base jurisdiction. In the conduct of an appeal, the base jurisdiction shall represent affected member jurisdictions.
2. Upon the conclusion of the appeal process, the base jurisdiction shall notify all affected member jurisdictions of the results. If one or more findings of the audit remain unresolved after these procedures have been exhausted, the registrant may challenge disputed audit findings that remain by filing a dispute.
Article XV. Assessment Claims Under Audit
A. Upon the conclusion of the audit of a registrant, the base jurisdiction shall assess the registrant for any deficiency found to be due to any member jurisdiction. Unless an extension is granted by the registrant, no assessment for deficiency or any refund may be made for any period for which the registrant is not required to maintain records.
B. An assessment, whether for a deficiency found on audit, for a refund or credit of a fee paid, or for any other amount, including interest and auditor’s expenses assessed under Article XIV.A.2, shall be made in accordance with the law of the member jurisdiction affected.
Article XVI. Entry and Withdrawal
A. Any jurisdiction may become a party to this agreement by executing the prescribed adopting resolution and sending it to the American Association of Motor Vehicle Administrators (hereinafter referred to as AAMVA) in Washington, D.C.; however, such resolution must be approved and endorsed by all member jurisdictions using procedures contained in Article XIX.
B. This agreement shall continue in full force and effect, after its original adoption, as to each jurisdiction until cancelled or revoked by proper officials of any jurisdiction upon 30 days written notice to AAMVA who shall immediately notify the officials of the other member jurisdictions to this agreement. However, cancellation by one jurisdiction shall not affect the agreement as between other jurisdictions. All credentials issued under this agreement shall be valid until the end of the current registration year of the applicable member jurisdiction.
Article XVII. Exceptions
A.1. A jurisdiction that applies to be a member jurisdiction of the plan shall specify any exceptions to the plan in the adopting resolution. The exceptions made by a jurisdiction that becomes a member jurisdiction of the plan shall be effective upon the date it becomes a member jurisdiction and shall be listed in Appendix B.
2. No member jurisdiction may adopt an exception that would conflict with the following principles:
(a) a single registration plate and a single registration cab card shall be issued for each apportionable vehicle of a registrant’s fleet, and only by the registrant’s base jurisdiction; and
(b) a fleet registered under the plan shall be authorized to make both interjurisdictional and intrajurisdictional movements.
B. A member jurisdiction that has made an exception to the plan may amend it. A member jurisdiction desiring to do so shall submit the proposed amendment to the repository, which shall distribute the proposed amendment to the member jurisdictions in the form of a ballot. The amendment to an exception shall require the approval of 4/5 of all member jurisdictions and, upon approval, the amended exception shall be effective in the first registration year that begins after 30 calendar days following approval.
C. A member jurisdiction that has made an exception to the plan may cancel it by notifying the repository of its desire to do so. The repository shall promptly notify the other member jurisdictions, and the cancellation shall be effective upon such notification.
Article XVIII. Other Agreements
This agreement shall supersede any reciprocal or other agreement, arrangement, or understanding between any 2 or more of the member jurisdictions covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement, or understanding between a member jurisdiction and any nonmember jurisdiction.
Article XIX. Administration
A. A jurisdiction may apply to become a member jurisdiction by executing an adopting resolution and submitting it to the repository.
B. The adopting resolution shall contain such other information as may be specified by the repository.
C. Upon receipt of the executed adopting resolution, the repository shall provide a copy of the resolution together with a ballot to all member jurisdictions.
D. In order for the jurisdiction to become a member jurisdiction, this ballot must be approved by all member jurisdictions.
E. Ballots of member jurisdictions shall be cast not later than 120 calendar days following the date of distribution by the repository. If a member jurisdiction does not notify the repository of its approval or rejection of an adopting resolution within such time, the member jurisdiction shall be deemed not to have approved the admission of the jurisdiction as a member jurisdiction.
F. There shall be an implementation period of 120 calendar days following the date on which a jurisdiction becomes a member jurisdiction. The purpose of this implementation period is to allow registrants to come into compliance with the plan. Any preexisting repository agreements affecting the new member jurisdiction shall remain in effect throughout the implementation period.
G. Each member jurisdiction shall administer the plan in such a way that no other member jurisdiction is unfairly disadvantaged and with a reasonable degree of care and prudence toward the interests of the other member jurisdictions. The base jurisdiction shall cooperate with other member jurisdictions in connection with applications and the collection of apportionable fees. Each member jurisdiction shall exercise particular care with respect to the administration of any aspect of the plan that affects the apportionable fees of other member jurisdictions. Each member jurisdiction shall expend reasonable resources to enforce the provisions of the plan, and to be vigilant against fraud and sham, particularly in the areas of registrant basing and estimates of distance.
H. Each member jurisdiction shall administer the plan in a way consistent with the fundamental purpose of the plan.
Article XX. Amendments
A. The plan may be amended upon the affirmative vote of 3/4 of the number of member jurisdictions that have cast a ballot. Any member jurisdiction not casting a vote shall be deemed to have abstained, and such abstention shall not be considered in determining the number of votes required for passage of the ballot.
B. Before being balloted, any proposed amendment shall be submitted in draft form to the repository at least 60 calendar days prior to an open meeting where it is to be discussed. An open meeting means the IRP/MCS Annual Meeting or a meeting so designated by the board. The draft of the proposed amendment shall show the complete text of each section to be amended, identifying new language by underlining and deleted language by strikeout. The draft of the proposed amendment shall include an explanation of the intent and purpose of the proposed amendment. Not later than 10 calendar days following receipt of a draft proposed amendment in accordance with the plan, the repository shall assign it a ballot number and distribute the draft proposed amendment to all member jurisdictions and to the members of the board for review and comment. Comments may be submitted to the repository prior to the open meeting or at the open meeting. All draft proposed amendments that have been circulated to the member jurisdictions shall be discussed at the open meeting. Sponsors of the draft proposed amendment shall have 45 calendar days to resubmit a final form of the proposed amendment that may include changes received through written comments and during discussion at the open meeting. Sponsors of the proposed amendment shall specify whether balloting on the proposed amendment is to proceed as a short-track ballot or a full-track ballot. Upon receipt of the final form of the proposed amendment, the repository shall ensure that the final form of the proposed amendment is in proper format, and shall distribute the proposed amendment in ballot format to each of the member jurisdictions. Any proposed amendment that is not distributed to member jurisdictions for voting within 90 calendar days after an open meeting may only be considered following resubmission.
Article XXI. Effective Date
This agreement shall become effective upon the approval of any 2 jurisdictions and shall be operative between jurisdictions upon their signing or adopting this agreement.
Article XXII. AAMVA
The American Association of Motor Vehicle Administrators, AAMVA, hereby accepts the responsibilities therein above assigned to it.
214:2 Effective Date. This act shall take effect January 1, 2012.
Approved: June 27, 2011
Effective Date: January 1, 2012