Register June 2019 No. 762
Chapter Trans 178
UNIFIED CARRIER REGISTRATION SYSTEM
Authority, purpose, and scope.
Requirement to register.
Determining the number of commercial motor vehicles.
Records requirements and retention period.
Audits and assessments.
Actions to collect.
Ch. Trans 178 Note
Note: Chapter Trans 178 was created as an emergency rule effective December 19, 2007.
As authorized by s. 194.407
, Stats., the purpose of this chapter is to establish, consistent with federal law, an annual fee under s. 194.407
, Stats., for a fleet of commercial motor vehicles that is used in interstate commerce, is subject to the Unified Carrier Registration Agreement, and whose owner or operator is based in Wisconsin, or is based in a state that is not participating in the UCR and has elected to declare Wisconsin as its base state.
This chapter applies to any motor carrier, motor private carrier, freight forwarder, broker, and leasing company that meets any of the following criteria:
Has no vehicles but is a motor carrier related business located in Wisconsin.
Has declared Wisconsin as the base state for UCR, as required in federal law 49 USC 14504a
and the Unified Carrier Registration Agreement.
This chapter applies to any motor carrier, motor private carrier, freight forwarder, broker, or leasing company that operates any commercial motor vehicle in interstate commerce, as provided in 49 USC 14504a
. The requirement to register under the Unified Carrier Registration system is not affected by the type of motor carrier authority that the motor carrier, motor private carrier, freight forwarder, broker, or leasing company possesses, and is not affected by the type of business activity undertaken.
Trans 178.01 History
History: CR 08-002
: cr. Register June 2008 No. 630
, eff. 7-1-08.
Trans 178.02 Definitions.
Words and phrases used in this chapter have the meanings given in 49 USC 14504a
, and in the Unified Carrier Registration Agreement unless this chapter provides a different definition. In this chapter:
Audit” means the department's examination of records sufficient to determine the registrant's correct UCR fee.
“Broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation.
“Commercial motor vehicle," as defined in 49 USC 31101
, means a self-propelled vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle meets any of the following criteria:
Has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
Is designed to transport more than 10 passengers including the driver.
Is used in transporting material found by the secretary of the United States department of transportation to be hazardous under 49 USC 5103
and transported in a quantity requiring placarding under regulations prescribed by that secretary.
“Freight forwarder" means a person holding itself out to the general public, other than as a pipeline, rail, motor or water carrier, to provide transportation of property for compensation and, in the ordinary course of its business, does all of the following:
Assembles and consolidates, or provides for assembling and consolidating, shipments, and performs or provides for break-bulk and distribution operations of the shipments.
Assumes responsibility for the transportation from the place of receipt to the place of destination.
Uses for any part of the transportation a carrier subject to 49 USC subtitle IV.
“Interstate commerce" means trade, traffic, or transportation in the United States between any of the following:
A place in a state and a place outside that state, including a place outside of the United States.
Two places in a state through another state or through a place outside of the United States.
Two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.
Wisconsin and any adjacent state under a registration reciprocity agreement between Wisconsin and that other state.
“Intrastate commerce" means any trade, traffic, or transportation in any state that is not described in the term “interstate commerce" and is conducted wholly within a state.
“Leasing company" means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder.
“MCSA-1" means the form prescribed by the federal Motor Carrier Safety Administration for Motor Carrier Identification Report, Application for USDOT Number, Operating Authority Registration.
“Motor carrier" means a person providing motor vehicle transportation for compensation.
“Motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when all of the following occur:
The person is the owner, lessee, or bailee of the property being transported.
The property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
“Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof as determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
“Registrant" means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder.
“Underpaid” means having paid less UCR fees than the amount determined by audit.
“Unified Carrier Registration Agreement" or “UCR Agreement" means the interstate agreement developed under the UCR Plan governing the collection and distribution of registration information and UCR fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to 49 USC 14504a
Unpaid fee” refers to the UCR fee amount due that has not been paid.
Trans 178.02 History
History: CR 08-002
: cr. Register June 2008 No. 630
, eff. 7-1-08; CR 10-099
: am. (2) Register May 2011 No. 665
, eff. 6-1-11; CR 16-074: renum. (1) to (1m), am. (7), cr. (1g), (12g), (12m), (20) Register June 2019 No. 762, eff. 7-1-19
Trans 178.025 Requirement to register.
No person to which this chapter applies under s. Trans 178.01
may operate as a motor carrier, motor private carrier, freight forwarder, broker, or leasing company unless registered for UCR under this chapter.
Trans 178.025 History
History: CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19
; correction made under s. 35.17, Stats., Register June 2019 No. 762.