Apportion Registration Pursuant to the International Registration Plan

PURPOSE: The Missouri Highways and Transportation Commission has the authority to negotiate and to enter reciprocal agreements with other jurisdictions. This rule explains the provisions under which apportionment of registration fees with other jurisdictions can be accomplished and how to apply for registration under the International Registration Plan. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Definitions— (A) Commission means the Missouri Highways and Transportation Commission created in Article IV, 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 readded 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 TRANSPORTATION 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 Missouribased 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). AUTHORITY: sections 142.617, 226.008, 226.130, and 301.275, RSMo 2016.* This rule originally filed as 12 CSR 20-3.010. Original rule filed July 22, 1965, effective Aug. 1, 1965. Amended: Filed Oct. 28, 1974, effective Nov. 7, 1974. Amended: Filed Oct. 15, 1986, effective Jan. 30, 1987. Amended: Filed Nov. 1, 1991, effective March 9, 1992. Emergency amendment filed Feb. 8, 2007, effective March 3, 2007, expired Aug. 29, 2007. Moved and amended: Filed Feb. 8, 2007, effective Aug. 30, 2007. Amended: Filed Aug. 9, 2007, effective July 1, 2008. Amended: Filed May 15, 2015, effective Dec. 30, 2015. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023. Amended: Filed Dec. 8, 2023, effective July 30, 2024. *Original authority: 142.617, RSMo 1988, amended 1998; 226.008, RSMo 2002, amended 2014; 226.130, RSMo 1939, amended 1993, 1995; and 301.275, RSMo 1958. Brady Motorfrate, Inc, v. State Tax Commission, 517 SW2d 133 (1974). Court concluded that the statute under which this rule was promulgated did not expressly or by implication provide for the automatic modification of the agreement by one of the contracting states (Missouri) upon the occurrence of a breach of the terms of the agreement by any other contracting state (Iowa), and does not countenance, authorize or compel unilateral retaliatory action following such a breach.