Statutory authority
Explanation of agency authority
Section
194.407, Stats., authorizes the Department to implement and administer a unified registration system for motor carriers consistent with
49 USC 13908 and
14504a, and to prescribe annual fees for that registration.
Related statute or rule
Plain language analysis
Chapter
Trans 178 establishes the fees to be charged under the Unified Carrier Registration (UCR) system, and establishes a method for counting the number of vehicles so that an entity knows whether it is required to register under UCR and, if so, which fee bracket applies to the entity.
The Federal Motor Carrier Safety Administration published in the Federal Register on April 27, 2010 a changed schedule of fees. As provided in s.
Trans 178.03(2), on May 6, 2010, the Department sent notice of the changed fees to the chairpersons of the standing committees of the legislature having jurisdiction over transportation. Neither committee chairperson notified the secretary of transportation within 14 working days after that notice that the committee had scheduled a meeting for the purpose of reviewing the fees. The Department implemented the new fees on May 27, 2010. The proposed rule replaces the prior fee schedule with the new fee schedule.
In addition, the proposed rule removes the reference to towed vehicles in the definition of commercial motor vehicle for the purposes of the UCR to conform to federal law. Originally, UCR included towed vehicles (trailers) in the definition of commercial motor vehicles for the purposes of UCR; subsequently, federal law eliminated towed vehicles from the definition.
Comparison with federal regulations
This proposed rule complies and is consistent with federal law and regulations pertaining to the Unified Carrier Registration system.
Comparison with rules in adjacent states
Michigan:
Michigan participates in UCR. Michigan charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Minnesota:
Minnesota participates in UCR. Minnesota charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Illinois:
Illinois participates in UCR. Illinois charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Iowa:
Iowa participates in UCR. Iowa charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Summary of factual data and analytical methodologies
This proposed rule is derived solely from federal law, federal regulation and Unified Carrier Registration Agreement, both of which are authorized by
49 USC 13908 and
14504a and implement those sections. If Wisconsin does not follow federal law, federal regulation, and the Unified Carrier Registration Agreement, Wisconsin may not participate in the UCR program. If Wisconsin does not participate in the UCR program, Wisconsin will forfeit revenues from carrier registration pursuant to federal law.
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any effect on small businesses is a result of federal law, federal regulation and the Unified Carrier Registration Agreement.
Small Business Impact
The fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at
49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The Unified Carrier Registration Agreement authorizes states to exempt solely intra-state carriers and qualified school buses from the registration fee, and the Department has made registration and payment of the fees optional for those entities.
Anticipated Costs Incurred By Private Sector
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any cost incurred by the private sector is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The fee schedule increases all fees by just less than 96%.
Text of Proposed Rule
SECTION 1. Trans 178.02 (2) is amended to read:
Trans 178.02 (2)
“Commercial motor vehicle," as defined in
49 USC 31101, means a self-propelled
or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle meets any of the following criteria:
SECTION 2. Trans 178.03 (1) is amended to read:
Trans 178.03 (1) Except as provided in sub. (2), as provided in
49 CFR 367.20, fees for registration year
2007 2010 and thereafter are as follows:
Bracket
|
Number of commercial motor vehicles owned or operated by exempt or non-exempt motor carrier, motor private carrier, or freight forwarder
|
Fee per company for exempt or non-exempt motor carrier, motor private carrier, or freight forwarder
|
Fee per company for broker or leasing company
|
B1
|
0-2
|
$39 76
|
$39 76
|
B2
|
3-5
|
$116 227
|
$39 76
|
B3
|
6-20
|
$231 452
|
$39 76
|
B4
|
21-100
|
$806 1,576
|
$39 76
|
B5
|
101-1,000
|
$3,840 7,511
|
$39 76
|
B6
|
1,001 and above
|
$37,500 73,346
|
$39 76
|
SECTION 3. Trans 178.04 (1) (a) 1. (note) is created to read:
Note: As stated in s.
Trans 178.02 (2), a commercial motor vehicle for purposes of UCR does not include a towed vehicle. Therefore, a carrier should exclude any towed vehicles reported on the MCS-150.
Agency Contact Person
Carson Frazier, Dept. of Transportation
P.O. Box 7911, Madison, WI 53707-7911
Phone: 608) 266-7857
e-mail: carson.frazier@wisconsin. gov
