Chapter Trans 178

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:

Trans 178.03(2) (2) If the Federal Motor Carrier Safety Administration or the U.S. department of transportation acting under 49 USC 14504a(d)(7) publishes in the federal register a schedule of fees for the Unified Carrier Registration Plan that differ from the fees set forth in sub. (1), the department shall send notice of those revised fees to the chairpersons of the standing committees of the legislature having jurisdiction over transportation. If no chairperson notifies the secretary of transportation within 14 working days after the date of the department’s notice that the committee has scheduled a meeting for the purpose of reviewing the fees, the department shall implement the fees. If within 14 working days after the date of the department’s notice a chairperson of a committee notifies the secretary of transportation that the committee has scheduled a meeting for the purpose of reviewing the fees, the department shall implement the fees only with the approval of the committee.

Trans 178.03 History History: CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 10-099: am. (1) Register May 2011 No. 665, eff. 6-1-11.

Trans 178.04 Trans 178.04 Determining the number of commercial motor vehicles.

Trans 178.04(1) (1) The fee is determined by the number of commercial motor vehicles that the registrant operates in interstate commerce, which shall be counted as follows as provided in the UCR Agreement:

Trans 178.04(1)(a) (a) The number of commercial motor vehicles owned or operated subject to the fee under this chapter is the greater of the following:

Trans 178.04(1)(a)1. 1. The number reported on the MCSA-1 most recently filed with the U. S. department of transportation.

Trans 178.04 Note 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.

Trans 178.04(1)(a)2. 2. The total number of commercial motor vehicles owned or operated for the 12-month period ending on June 30 immediately prior to the beginning of the registration year.

Trans 178.04(1)(b) (b) The registrant shall include the number of commercial motor vehicles owned or operated by the registrant, or controlled by the registrant under a lease having a term longer than 30 days. A registrant may not include any vehicle that is operated by the registrant under a lease of 30 days or less.

Trans 178.04(1)(c) (c) Before issuing any documentation of UCR Agreement compliance, the department may require the registrant to reconcile any discrepancy between the number of motor vehicles owned and leased as reported on the MCSA-1 most recently filed with the U. S. department of transportation.

Trans 178.04(1)(d) (d) The registrant may, at its sole option, add to the sum of vehicles required to be counted under this section any of the following:

Trans 178.04(1)(d)1. 1. Any self-propelled commercial motor vehicle operated in intrastate or interstate commerce for compensation regardless of the weight of the vehicle, or the number of passengers transported by the vehicle, or whether the registrant owns or leases the vehicle.

Trans 178.04(1)(d)2. 2. Any motor vehicle used only in intrastate commerce regardless of the state in which the vehicle has been operated, or whether the registrant owns or leases the vehicle.

Trans 178.04(1)(e) (e) The registrant may exclude the number of commercial motor vehicles owned or leased that were operated exclusively in the intrastate transportation of property, waste or recyclable material.

Trans 178.04(2) (2) A registrant that operates commercial motor vehicles solely in intrastate commerce is not required to register or pay any fee under this chapter.

Trans 178.04(3) (3) Except as provided in sub. (1), only motor vehicles that are operated in interstate commerce shall be counted under this section. Except as provided in sub. (1), motor vehicles operated exclusively in intrastate commerce may not be counted under this section.

Trans 178.04(4) (4) Except as provided in sub. (1), a school bus is not required to be counted under this chapter if it is all of the following:

Trans 178.04(4)(a) (a) Operated exclusively for school activities.

Trans 178.04(4)(b) (b) Not operated for any charter activity.

Trans 178.04(4)(c) (c) Not used for any activities other than school activities.

Trans 178.04(5) (5) A business that is a single legal entity and operates more than one type of carrier operation that is subject to this chapter shall pay the fee that is the highest applicable fee for any of its carrier operations subject to this chapter. A business that comprises multiple legal entities that operate separate carrier operations subject to this chapter shall pay all appropriate fees for each legal entity.

Trans 178.04(6) (6) The department may authorize and designate an agent to collect fees and process registration applications under this chapter.

Trans 178.04 History History: CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 16-074: am. (1) (a) 1., (c) Register June 2019 No. 762, eff. 7-1-19.

Trans 178.05 Trans 178.05 Records requirements and retention period. A registrant shall retain complete UCR records for the current calendar year and the prior year. The records shall contain the following:

Trans 178.05(1) (1) UCR Form.

Trans 178.05(2) (2) UCR Form 1, Vehicles removed in intrastate transportation.

Trans 178.05(3) (3) UCR Form 2, Vehicles owned and operated for the 12-month period ending June 30 of the year immediately prior to the year for which the UCR registration is made.

Trans 178.05(4) (4) MCSA-1 form filed by the registrant.

Trans 178.05 History History: CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08; CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; corrections made under s. 13.92 (4) (b) 1., 12., Stats., Register June 2019 No. 762.

Trans 178.06 Trans 178.06 Audits and assessments.

Trans 178.06(1) (1) Audit. The department may conduct such audits that it deems necessary to determine the adequacy of the fees paid under this chapter. An applicant or registrant shall make records described in this chapter available to the department within 15 days after receiving a written request for the records.

Trans 178.06(2) (2) Assessments.

Trans 178.06(2)(a) (a) The department may, by field or office audit, determine the registration fees to be paid by, or refunded to, any person described in s. Trans 178.01 (2). The department may base its determination on facts contained in the records or upon any other information in the department’s possession.

Trans 178.06(2)(b) (b) If any person fails to make records available or to maintain records from which the true fee liability may be determined, the department may assess a registration fee based upon the department’s estimation of the registration fee liability.