Chapter Trans 178

Chapter Trans 178

UNIFIED CARRIER REGISTRATION SYSTEM

Trans 178.01   Authority, purpose, and scope.

Trans 178.02   Definitions.

Trans 178.025   Requirement to register.

Trans 178.03   Fees.

Trans 178.04   Determining the number of commercial motor vehicles.

Trans 178.05   Records requirements and retention period.

Trans 178.06   Audits and assessments.

Trans 178.07   Appeal procedures.

Trans 178.08   Revocation.

Trans 178.09   Actions to collect.

Ch. Trans 178 Note Note: Chapter Trans 178 was created as an emergency rule effective December 19, 2007.

Trans 178.01 Trans 178.01 Authority, purpose, and scope.

Trans 178.01(1) (1) 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.

Trans 178.01(2) (2) This chapter applies to any motor carrier, motor private carrier, freight forwarder, broker, and leasing company that meets any of the following criteria:

Trans 178.01(2)(a) (a) Operates any commercial motor vehicle in interstate commerce.

Trans 178.01(2)(b) (b) Has no vehicles but is a motor carrier related business located in Wisconsin.

Trans 178.01(2)(c) (c) Has declared Wisconsin as the base state for UCR, as required in federal law 49 USC 14504a and the Unified Carrier Registration Agreement.

Trans 178.01(3) (3) 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 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:

Trans 178.02(1g) (1g) “Audit” means the department’s examination of records sufficient to determine the registrant’s correct UCR fee.

Trans 178.02(1m) (1m) “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.

Trans 178.02(2) (2) “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:

Trans 178.02(2)(a) (a) Has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.

Trans 178.02(2)(b) (b) Is designed to transport more than 10 passengers including the driver.

Trans 178.02(2)(c) (c) 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.

Trans 178.02(3) (3) “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:

Trans 178.02(3)(a) (a) Assembles and consolidates, or provides for assembling and consolidating, shipments, and performs or provides for break-bulk and distribution operations of the shipments.

Trans 178.02(3)(b) (b) Assumes responsibility for the transportation from the place of receipt to the place of destination.

Trans 178.02(3)(c) (c) Uses for any part of the transportation a carrier subject to 49 USC subtitle IV.

Trans 178.02(4) (4) “Interstate commerce” means trade, traffic, or transportation in the United States between any of the following:

Trans 178.02(4)(a) (a) A place in a state and a place outside that state, including a place outside of the United States.

Trans 178.02(4)(b) (b) Two places in a state through another state or through a place outside of the United States.

Trans 178.02(4)(c) (c) Two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

Trans 178.02(4)(d) (d) Wisconsin and any adjacent state under a registration reciprocity agreement between Wisconsin and that other state.

Trans 178.02(5) (5) “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.

Trans 178.02(6) (6) “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.

Trans 178.02(7) (7) “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.

Trans 178.02(8) (8) “Motor carrier” means a person providing motor vehicle transportation for compensation.

Trans 178.02(9) (9) “Motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when all of the following occur:

Trans 178.02(9)(a) (a) The transportation is as provided in 49 USC 13501.

Trans 178.02(9)(b) (b) The person is the owner, lessee, or bailee of the property being transported.

Trans 178.02(9)(c) (c) The property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.

Trans 178.02(10) (10) “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.

Trans 178.02(11) (11) “Registrant” means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder.

Trans 178.02(12) (12) “Registration year” means a calendar year.

Trans 178.02(12g) (12g) “UCR” means Unified Carrier Registration.

Trans 178.02(12m) (12m) “Underpaid” means having paid less UCR fees than the amount determined by audit.

Trans 178.02(13) (13) “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.

Trans 178.02(20) (20) “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 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.

Trans 178.03 Trans 178.03 Fees.

Trans 178.03(1) (1) Except as provided in sub. (2), as provided in 49 CFR 367.20, fees for registration year 2010 and thereafter are as follows: