UCR Board Mtg Summary
 
UCR Board Meeting – September 4:

UCR Board recommends 2009 renewal notices be mailed by states during September 2008 and encourages states to begin enforcement effective January 1, 2009. The fee brackets remain the same with “no changes from preceding years”.

Indiana’s system will be ready to receive 2009 renewals on Thursday, September 11. There are eight other states that have their individual web based systems for UCR payments: Alabama, Illinois, Iowa, Maine, Missouri, North Dakota, Ohio and Virginia.

Due to the various state systems, the only location where a carrier’s payment since 2007 can be verified will be through SAFER. While the primary search is by the DOT assignment, be sure to search by MC as well if the DOT search does not render correct results. If the SAFER system doesn’t appear to be searching, be sure to use the mouse (and not the keyboard).

Of interest … some are true while others are part of the rumor mill:
(1) The “no longer counting trailers” as part of UCR is within the pending Highway Corrections bill. The key is getting the legislation to the Senate floor due to the short calendar before election recess. Thus carrier has to include the trailers in 2009 assessment fees.
(2) The deadline (August 10) has passed for states to join UCR. The Indiana site map reflects the states that do not participate. Carriers from non-participating states must continue to pay UCR fees via a neighboring state.
(3) Indiana’s enhancements/adjustments will be presented at the next UCR Board meeting. One feature will be user ID/password for permitting services that process over 200 transactions per year requiring payment information only once.
(4) Modifications to the Q&As by the UCR Procedural Committee have been approved by the UCR Board and will be posted to the website. Last modification date was May 8 so look for the updated version soon.
(5) For audit purposes, Indiana’s system will retain three years of payment information online.
(6) DOT getting rid of registrant only classification. Only a rumor!! No rulemaking proposed yet.
(7) States are enforcing UCR compliance. Some are issuing warning but others are imposing fines (see below).

UCR ENFORCEMENT PENALTIES BY STATE (updated 8/4/08):
AL $100 first offense, $500 subsequent offense. No Out-of-Service.
AR $100-500 first offense, $100-1000 subsequent offenses.
CA State base fine of $300-$1,000, plus specific fees that vary by county.
CO $1100 first offense, $2200 second offense, $3300 subsequent. No OOS.
CT $170 fine.
GA None presently.
ID Misdemeanor punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding $1,000, or both. A citation would require a bond to be posted, the amount to be determined by a magistrate judge, but probably around $300.
IL $300 first offense, $500 second offense.
IN $100 first offense, $1000 subsequent offense.
IA None presently.
KS $100-1000 first offense, $100-5000 subsequent offense.
KY Range of $25 to $250.
LA None presently, rulemaking begun.
ME Misdemeanor punishable by a maximum fine of $1,000, or by imprisonment not exceeding six months, or both. There is also a government surcharge of 20% of the fine and a Victim Compensation Fund assessment of $10.
MA $100 first offense, $200 subsequent offense.
MI Up to $500 for for hire carriers.
MN $100 fine, plus $78 in court costs.
MS Misdemeanor; $100 to $500 plus court cost and assessment fees that vary by county.
MO Varies with the county; with an audit, state can impose a general fine up to $2000 per day.
MT Only a warning at this point.
NE Class IV misdemeanor with a minimum fine of $100. If evidence of multiple ongoing violations, law enforcement would seek a greater fine. NH None presently.
NM $50 penalty assessment misdemeanor. With formal proceeding, up to $10000 per day.
NY With formal proceeding, up to $5000.
NC None presently.
ND None presently but can hold IRP and IFTA renewals for UCR nonpayment.
OH $100 civil forfeiture.
OK $300 first offense, $400 second, $500 subsequent.
PA None presently.
RI $300.
SC $232.50.
SD $154 fine.
TN State base fine of $50, plus court costs that are county specific.
TX Class C Misdemeanor, which is punishable by a fine of $1 to $500 plus court costs. The fine amount is set by the assigned judge noted on the citation.
UT CVSA Inspections first time.
VA Class IV misdemeanor, $250 fine.
WA None presently.
WV $100-1000.
WI $750.

Future UCR Meetings: October 9, November 6 and December 4 at 12 Noon (all by phone). Next in person meeting will be January 13-14 in Austin, TX.
 
*** Questions about this info? Contact Linda Norman at 703-821-0000 or linda@donnormanassociates.com ***