Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the rule to match the
commission's current practice of accepting International Registration Plan
applications in electronic form only. It also updates information regarding an
affidavit form that is incorporated by reference into the rule.
(1) Definitions.
(A) Commission means the Missouri Highways
and Transportation Commission created in Article I V, Section 29 of the
Missouri Constitution;
(B) Director means the director of the Motor
Carrier Services Division of the Missouri Department of Transportation who is
the official designated by the commission to be responsible for administration
of the International Registration Plan (IRP);
(C) Division means the Motor Carrier Services
Division of the Missouri Department of Transportation; and
(D) Temporary vehicle registration means a
temporary permit authorizing operation of vehicles in other member
jurisdictions pending full registration upon completion of the initial or
renewal application.
(2)
Whenever the commission has entered into a reciprocal agreement providing for
exemption from registration or the payment of registration fees on an
apportionment basis with other member jurisdictions, the operator of a fleet of
vehicles based in any one (1) of the member jurisdictions must comply with the
provisions of the applicable agreement. The International Registration Plan
(IRP) is a registration reciprocity agreement among the states of the United
States, Washington DC, and the Canadian provinces and includes Missouri as a
member. The IRP, published January 1, 2022, is incorporated herein by reference
and made a part of this rule as published by the International Registration
Plan, Inc., 4196 Merchant Plaza, #225, Lake Ridge, VA 22192. This rule does not
incorporate any subsequent amendments or additions.
(3) The registrant shall be required to
preserve all operational records on which the registrant's application for
apportioned registration is based for a period of three (3) years following the
close of the registration year to which the application pertains and to make
these records available for examination by the commission at its request. Upon
initial or renewal application for apportioned registration, the registrant
will provide any actual distance traveled in any member jurisdictions for the
reporting period or be allowed to estimate distance pursuant to the standards
in the IRP in the jurisdictions intended to operate. The fees on estimated
distances shall be calculated to conform with the IRP. The commission may use
an average per-vehicle distance based on its own data if the registrant's
estimated distance is not acceptable to the commission.
(4) Qualified vehicles proportionally
registered and displaying the Missouri credentials shall be deemed properly
registered in all jurisdictions where such vehicle is proportionally registered
for any type of movement or operation provided the registrant has proper
interstate or intrastate authority from the commission or is exempt from
regulation by the commission.
(5)
All qualified vehicles shall be registered on a quarterly staggered
registration year basis beginning either January 1, April 1, July 1, or October
1. Applications for renewal and payment are to be filed in accordance with
section
301.041,
RSMo. A waiver request, in writing, of late filing or late payment may be
granted one (1) time only or for other circumstances which the director or
his/her designee deems appropriate.
(6) Properly prepared proportional
applications will be accepted electronically through the commission's secure
MoDOT Carrier Express business application or as otherwise prescribed by the
commission in the division's procedure manual and shall be subject to audit.
The commission may refuse to accept applications which list operations that do
not appear to be based in or accumulating distance in Missouri, or from
applicants or operations whose registration privileges are currently revoked or
suspended in another member jurisdiction. The commission reserves the right to
obtain further documentation or information to verify compliance with this
section. All plates and cab cards and reciprocal exemptions are subject to
cancellation and revocation in the event of erroneous issuance or if any fees
remain unpaid.
(7) Cab Card.
Evidence of registration other than the license plate which shall be carried at
all times in the vehicle for which it is issued and shall be valid for the
current registration period. Qualified vehicle cab cards are issued each
registration year upon payment. Trailers will be issued a permanent,
nonexpiring cab card. Acceptable forms of a cab card include, but are not
limited to, the originally issued registration, including such registration
issued by electronic means, and any facsimile transmission or photocopy of such
original cab card. All acceptable forms of a cab card shall be legible upon
visual inspection.
(8) Upon
completion of initial or renewal applications, subsequent applications may be
filed during the current registration year to:
(A) Add vehicle-addition of a power unit or
trailer to the fleet that has not been previously registered;
(B) Add vehicle and transfer-the removal of a
vehicle from service in a registered fleet to be replaced with another vehicle
whether the registered gross weight is the same, to be increased, or to be
decreased. A fee credit is not allowed for a vehicle not permanently removed
from the fleet such as removal for repair or rebuilding. If the vehicle has
been permanently removed from fleet service due to destruction by accident or
change of ownership, change of base point, or expiration or cancellation of
lease, the registrant may replace the vehicle with a replacement vehicle. If a
registrant elects to remove or withdraw a vehicle from its fleet, the
registrant shall either:
1) return the cab
card issued to the operator by the commission with an application for the
transfer of proportional credentials; or
2) certify that the cab card has been lost,
stolen, or destroyed. For each member jurisdiction in which operation has been
requested, any required fees will be assessed for those member jurisdictions in
accordance with those member jurisdictions' laws. Applications for transfer of
apportioned credentials that request a replacement plate must be accompanied by
a replacement fee for each plate replaced. Once a vehicle has been removed, the
same vehicle cannot later be added back to the fleet for the registration year
without the payment of additional fees unless proof of non-use or proof of new
ownership is submitted. Upon audit, credit will not be transferable if it is
determined that the removed unit was still operating. If a vehicle is added or
re-added to the registration fleet and has been issued a Missouri plate in
which one hundred percent (100%) of the fees were paid to Missouri, credit will
be given on the apportioned fees due Missouri for the current registration
year. Additions and removals to a registered fleet will not be accepted when
the carrier's account indicates that past additions and removals were only
temporary or for the purpose of allowing two (2) or more vehicles to operate on
the payment of one (1) fee for the registration year;
(C) Delete vehicle-removal of a vehicle from
service in a registered fleet. The plate(s) must be surrendered. The director
uses the date the plate is surrendered as a basis for credit or refund, which
will be issued pursuant to section
301.121,
RSMo. The director provides the registrant with notification letters to other
member jurisdictions in which fees have been paid that the applicant may use to
obtain refunds, if applicable, from other member jurisdictions. All apportioned
license plates for which renewal is not requested shall be returned or
postmarked to the director at the end of the current registration year. If an
applicant initially elects to renew registration for a vehicle during the
annual renewal process and pays all required fees to Missouri and other member
jurisdictions for the new registration year and then determines that
registration is not desired prior to the effective date of the new registration
year, the carrier may obtain a full refund of such registration fees if the
plate is returned or postmarked to the director by the last day of the current
registration year;
(D) Replace cab
card-the issuance of a new cab card to replace originally issued cab
card;
(E) Fleet to fleet
transfer-the movement of a vehicle with plate from one (1) fleet to another
within the same carrier account during the current registration year. The
director allows credit for fees paid to Missouri. Other member jurisdictions
listed in the fleet registration may require additional fees or repayment of
fees based on the distance percentage of the new fleet;
(F) Replace plate-the reissuance of a lost, stolen, or
destroyed plate;
(G) Amend
vehicle-changes or corrections to vehicles in a registration fleet within a
carrier account during the current registration year. Any vehicle information
except the vehicle identification number may be changed. Fees are calculated
based on the amended vehicle application date and vehicle changes;
(H) Cab card correction-changes or
corrections to the cab card such as equipment number, make of vehicle, vehicle
identification number, title state, title number, United States Department of
Transportation (USDOT) number at the vehicle level, and federal identification
number at the vehicle level, which has no bearing on fees previously assessed
for other member jurisdictions. A new cab card will be issued upon payment of
the cab card fee;
(I) Change
carrier type/commodity class-changes or corrections to a carrier's type of
operation for a specific registered fleet within a carrier account such as
private, for hire, and commodity hauled. For member jurisdictions which base
fees on carrier type and commodity hauled, additional fees may be
due;
(J) Name change-change or
correction of the legal name of the registrant at the account level, including
USDOT number and federal identification number; or
(K) Weight group change-changes to the weights of a
group of vehicles which operate at a specific weight in Missouri and other
member jurisdictions. Fees will be assessed for the member jurisdictions in
accordance with those member jurisdictions' laws based on the weight group
changes which were made to all the vehicles within the group. In cases of
weight group decrease, no refund or credit will be made.
(9) Temporary Vehicle Registration. Upon
prior and immediate submission of: payment of all required fees; creation of an
account with the commission; and all required documentation that shall be
subject to approval by the director or the director's designee, then the
commission may issue temporary vehicle registration (TVR), in lieu of
apportioned registration and licenses, for forty-five (45) days for
Missouri-based licensed vehicles so that a vehicle may immediately operate upon
the highways of Missouri. A Missouri-based licensed vehicle may have one (1)
fifteen- (15-) day TVR extension, but only after all fees have been paid and
all required documents have been submitted and have received approval. Copies
of the TVRs must be carried in the vehicles at all times when no cab cards are
available and displayed upon request of any law enforcement or Missouri
Department of Transportation official.
(A)
Suspension. After issuance of any TVR, if the commission determines that
payment of the required fees were not deposited with the commission and/or the
commission determines the documentation, for any reason, is insufficient to
support the continued use of the TVR, or the privilege of a TVR is being
abused, the commission shall suspend the registrant's privileges of receiving
TVRs and/or additional credentials for that registrant's vehicles for the
duration of the suspension period. A suspension period shall not exceed six (6)
months. Prior to the issuance of any suspension of TVRs and credentials, the
commission shall notify the registrant in writing that the commission shall
suspend the registrant's TVR effective on a date ten (10) days after the date
of the letter, the reason or reasons for, and duration of, the suspension, and
provide information regarding the action or actions the registrant must
complete within ten (10) days of the date of the letter to become compliant and
avoid imposition of the suspension. Upon the registrant taking the action or
actions set forth in the commission's notice, the suspension shall be
terminated. If the suspension is solely due to TVR abuse, the registrant shall
not receive TVRs for the length of the suspension, but may receive other
credentials.
(B) Revocation. The
alteration of a TVR will result in a one- (1-) year TVR revocation. Revocation
of TVR privileges will be reviewed not later than one (1) year after the
revocation was imposed and became effective at which time if all delinquent
fees are paid and all required registration documentation is submitted and
confirmed by the director, or the director's designee, to be accurate, then a
reinstatement order will be issued.
(C) Flagrant and/or repeated violations.
Flagrant or repeated violations of these rules related to TVR credentials are
not in the interest of public safety and the carrier will be advised by the
director in writing if the carrier's record requires that future TVR
credentials shall not be granted to the carrier by the commission. Suspensions,
revocations, and reinstatements may be modified or rescinded by the director,
or the director's designee.
(D)
Fees. When a request for TVR is made, fees will be charged according to the
application type from the time of issuance until the end of the registration
year. At no time will the application type be changed during operation or after
the expiration of the TVR unless approved by the director or his/her designee.
The director or his/her designee may cancel the TVR if the registrant returns
the TVR within five (5) days of issuance or reduce TVR fees if the TVR is
returned before the expiration date and provided the registrant submits
adequate proof to support registrant's written request for reduction of
fees.
(E) Delegation. The
commission hereby delegates any action it is required or may take under this
section (9) to the director, or the director's designee.
(10) Trip Leasing.
(A) A registrant may lease equipment to
another fleet registrant and the lessor shall be responsible for reporting the
distance traveled by the leased equipment. The lessee shall be the person using
and operating the equipment by the lease agreement.
(B) An apportioned vehicle may be leased to a
nonapportioned carrier in any jurisdiction. The lessor shall be responsible for
reporting the distance traveled by the leased equipment.
(11) The commission reserves the power to
fix and collect a reasonable fee to cover the costs of handling and issuing all
credentials or other evidence of proper registration necessary for operating a
qualified vehicle in this state.
(12) The commission shall require the
following prerequisite documentation to support an application for apportioned
registration:
(A) Personal Property Tax
Receipt Required. A Missouri tax receipt or a statement certified by the county
or township collector of the county or township in which the applicant's
property was assessed showing payment of the personal property tax or that no
tax is due by the owner is a prerequisite to the registration of qualified
vehicles. A detailed vehicle listing or copy of the assessment form filed by
the vehicle owner with the county assessor may be requested in addition to the
tax receipts when the receipt does not include complete vehicle information.
Carriers using Missouri as the base jurisdiction for apportioned registration
purposes asserting no distance was operated by specific vehicles in Missouri
shall submit to the commission the Affidavit Affirming No Missouri Distance
Traveled, which is incorporated herein by reference and made a part of this
rule as published by the Missouri Highways and Transportation Commission, 105
W. Capitol Avenue, PO Box 270, Jefferson City, MO 65102, effective September
25, 2023, which lists those specific vehicles and requires the signatures of
both the county collector and assessor. This rule does not incorporate any
subsequent amendments or additions of this affidavit. Such affidavit shall not
be used as a waiver by any registrant. The Affidavit Affirming No Missouri
Distance Traveled may be obtained from the Motor Carrier Services Division
website at
http://www.modot.org/sites/default/files/documents/Affidavit-NoMOMiles.pdf;
(B) Federal Heavy Vehicle Use Tax Receipt
Required. Qualified vehicles that have a taxable gross weight of fifty-five
thousand pounds (55,000 lbs.) or more are required to show proof of payment of
Federal Heavy Vehicle Use Tax or that no tax is due as a prerequisite to the
registration of a qualified vehicle;
(C) Liability Insurance. Effective July 1,
1987 each Missouri-based registrant must maintain liability insurance coverage
or provide proof of self-insurance, if applicable, on all vehicles bearing a
Missouri-apportioned license plate. Proof of liability insurance coverage is a
prerequisite to the registration of a qualified vehicle;
(D) Lease Agreement. A copy of all lease
agreement(s), if applicable, will be required for all vehicles under the
control and possession of the registrant. Such lease agreement shall comply
with the requirements of
7 CSR
265-10.040; and
(E) Titles. Proof of certificate of ownership
is required for all vehicles. When the vehicle is owned by the registrant, a
Missouri certificate of ownership in the legal name of the registrant will be
required. When a vehicle is owned by another entity other than the registrant,
the certificate of ownership from the entity's resident jurisdiction will be
accepted.
(13) Vehicles
Operated Solely in Intrastate Commerce. Notwithstanding any other provision of
law, no reciprocity shall be granted under any statute or agreement for the
operation of any qualified vehicle within Missouri solely in intrastate
commerce, but all vehicles so engaged must be duly registered and licensed in
Missouri.
(14) Any contractor or
subcontractor of the commission that is subject to regulation under these
administrative rules shall at all times while conducting business with the
commission under such contract be in good standing with the laws of the state
of Missouri and the administrative rules of the commission, or shall obtain
full compliance with such laws or rules within ten (10) days of being notified
in writing of noncompliance by Motor Carrier Services Division
(MCS).
*Original authority: 142.617, RSMo 1988, amended 1998;
226.008, RSMo 2002, amended 1993, 2002; 226.130, RSMo 1939, amended 1993, 1995;
and 301.275, RSMo 1958.
