Section 260:75 International Registration Plan.
The IRP referred to in this subdivision shall take substantially the following form:
Article I. Purpose and Principle
A. This reciprocal agreement shall be referred to, cited and known as the International Registration Plan.
B. It is the purpose of this agreement to promote and encourage the fullest possible use of the highway system by authorizing the proportional registration of fleets of vehicles, and the recognition of vehicles proportionately registered in other jurisdictions, thus contributing to the economic and social development and growth of the jurisdictions.
C. It is the purpose of this agreement to implement the concept of one registration plate for one vehicle.
D. It is the purpose of this agreement to grant exemptions from payment of certain fees when such grants are reciprocal.
E. It is the purpose of this agreement to grant reciprocity to proportionally registered fleets of vehicles, and to provide for the continuance of reciprocity granted to those vehicles that are not eligible for proportional registration under the terms of this agreement.
Article II. Definitions
A. ""Apportionable fee'' means any periodic recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license or weight fees.
B. ""Apportionable vehicle'' means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pick up and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in 2 or more member jurisdictions that allocate or proportionately register a vehicle used for the transportation of persons for hire or designed, used or maintained primarily for the transportation of property and:
1. Is a power unit having a gross vehicle weight in excess of 26,000 pounds; or
2. Is a power unit having 3 or more axles, regardless of weight; or
3. Is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and 2 axle vehicles may be proportionately registered at the option of the registrant.
C. 1. ""Base jurisdiction'' means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleet are maintained or can be made available in accordance with the provisions of Article XIV. A. 2.
2. Registrants based in any jurisdiction not a member of this agreement, and who have been licensing vehicles in any member jurisdiction under basing point, allocation or proration, may declare the member jurisdiction where the most miles have been operated as a base jurisdiction for purposes of this agreement until such time as the registrant's base jurisdiction becomes a member of this agreement.
3. Household goods carriers using equipment leased from service representatives may elect, with respect to such equipment, to base such equipment in the base jurisdiction of the service representative, or that of the carrier. For equipment owned and operated by owner-operators, other than service representatives, and used exclusively to transport cargo for the household goods carrier, the equipment shall be registered by the carrier in the base jurisdiction of the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the apportionment of fees according to the records of the carrier.
D. 1. ""Base plate'' means the plate issued by the base jurisdiction and shall be the only registration identification plate issued for the vehicle by any member jurisdiction.
2. Base plates shall be identified by having the word ""Apportioned'' and the jurisdiction's name on the plate. The numbering system and color shall be determined by the issuing jurisdiction.
E. ""Commissioner'' means the jurisdiction official in charge of registration of vehicles.
F. ""Fleet'' means one or more apportionable vehicles.
G. ""In-jurisdiction miles'' means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. In those cases where the registrant operated a fleet of proportionately registered vehicles in jurisdictions that require no apportionment and grant reciprocity, the base jurisdiction may add such miles to the in-jurisdiction miles.
H. ""Jurisdiction'' means a state, territory or possession of the United States, the District of Columbia, or a state or province of a country.
I. ""Operational records'' means documents supporting miles traveled in each jurisdiction and total miles traveled such as fuel reports, trip sheets and logs.
J. ""Preceding year'' means the period of 12 consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration of license year for which proportional registration is sought.
K. ""Reciprocity'' means that an apportionable vehicle properly registered hereunder shall be exempt from further registration by any other member jurisdiction.
L. ""Recreational vehicle'' as used in this agreement is one used for personal pleasure or travel by an individual or his family.
M. ""Registrant'' means a person, firm or corporation in whose name or names a vehicle is properly registered.
N. ""Registration year'' means a 12-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
O. ""Restricted plate'' means one that has time (less than a registration year), geographic area, mileage or commodity restrictions.
P. ""Service representative'' means one who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.
Q. ""Total miles'' means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.
R. ""Chartered party'' means a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the Interstate Commerce Commission, have acquired the exclusive use of a passenger carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.
Article III. Fees for Proportional Registration
A. The registration fee for apportionable vehicles shall be determined as follows:
1. Divide the in-jurisdiction miles by total miles generated during the preceding year.
2. Determine the total fees required under the laws of each jurisdiction for full registration of each vehicle at the regular annual or applicable fees, or for the unexpired portion of the registration year.
3. Multiply the sum obtained in paragraph 2 of this section by the quotient obtained under paragraph 1 of this section.
B. This agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operations of vehicles other than the apportionable fees as defined herein. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws thereof.
Article IV. Application for Proportional Registration
A. 1. An applicant for proportional registration shall file a uniform application with the commissioner of the base jurisdiction in lieu of registration under other applicable statutes.
2. Whenever the base jurisdiction of a registrant changes as a result of the conditions described in Article II. C. 2, the re-registration of the registrant in the new jurisdiction shall be accomplished through orderly and equitable procedures to be established by the commissioners of the 2 jurisdictions involved.
B. Applications for proportional registrations shall be filed on a date as determined by the base jurisdiction. Every application for proportional registration shall, at the time and in the manner required by the commissioner, be supported by the payment of the registration fees in the amount determined in Article III, provided, however, the commissioner may, by rule, postpone payment of fees until after the commissioner has computed the fees due.
C. The applicant for proportional registration of trailers, semi-trailers, and auxiliary axles shall use the application form for such vehicles and the apportionment of registration fees shall be computed by using the same factor determined by in-jurisdiction and total miles in Article III and this shall be applied to the registration fee. Jurisdictions may waive trailer, semi-trailer and auxiliary axle apportionment. Jurisdictions requiring proportional registration of trailers, semi-trailers and auxiliary axles shall provide for such requirements by filing an exception as described in Article XVII.
D. 1. The application shall contain the number of power units, number of trailers, semi-trailers and auxiliary axles, with such vehicle description as may be required by the jurisdictions concerned and a uniform mileage schedule.
2. The base jurisdiction, after receiving its proportionate fees, shall supply the necessary identification plates and prepare cab cards, listing on the front of the cab cards the jurisdictions where the vehicles are proportionately registered, the weight for which registered and other necessary information in each of the jurisdictions. The base jurisdiction may, in its discretion, withhold issuing plates and cards until it has received evidence of payment due other member jurisdictions.
3. The base jurisdiction shall notify the other declared jurisdictions that a proportional registration application has been filed, and shall furnish the declared jurisdiction a uniform mileage schedule.
4. All plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid.
5. The base jurisdiction shall cooperate with other declared jurisdictions in connection with applications and fees paid.
E. In those cases where household goods carrier equipment is elected to be registered in the base jurisdiction of the service representative, the equipment shall be registered in said service representative's name and that of the carrier as lessee with the apportionment of fees according to the combined records of the service representative and those of the carrier, and such records must be kept or made available in the service representative's base jurisdiction. If the election is the base jurisdiction of the carrier, and such jurisdiction is a member jurisdiction, the equipment shall be registered by and in the name of the carrier and that of the service representative as lessor with the apportionment of fees according to the records of the carrier and the service representative, which must include intrastate miles operated by those vehicles applicable under this agreement, and the records must be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.
Article V. Registration of Apportionable Vehicles
A. The commissioner of the base jurisdiction shall register apportionable vehicles upon application and payment of the registration fees as provided in Articles III and IV. Payment of additional fees for each vehicle so registered may be required by the commissioner of the base jurisdiction, in an amount provided by statute or regulation of the base jurisdiction for issuance of a plate. A registration card shall be issued, which should list the jurisdictions in which the vehicle has been apportioned, the weight and classification of fee for which registered according to the applications and payments furnished by the applicant. Such registration card shall be carried in or upon the vehicle for which it has been issued at all times.
B. Vehicles registered as provided in section A of this Article shall be deemed fully registered in all jurisdictions where proportionately registered for any type of movement or operation provided the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.
C. There shall be no minimum vehicle fees for any apportionable vehicle, except those statutory fees for issuance of identifications or filings of applications.
D. Registrants shall register all owner-operated vehicles on the basis of the registrant's (lessee's) mileage figures for the preceding year.
Article VI. Registration of Additional Fleet Vehicles
A. Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the mileage percentage used in the original application for such fleet for such registration period to the regular registration fees due with respect to such vehicles for the remainder of the registration year.
B. All applications for additional fleet vehicles shall be filed and processed in the same manner as the original application.
Article VII. Withdrawal, Credits, Replacement Vehicles and Accounting
A. If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant of such fleet shall so notify the commissioner on appropriate forms provided by the commissioner. The commissioner shall require the registrant to surrender the cab card and identification plates to the base jurisdiction with respect to any such vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold or otherwise completely removed from the service of the registrant, the unused portion of the fees paid with respect to such vehicle, where permitted by statute, shall be refunded by each jurisdiction or be applied against liability of such registrant for subsequent additions to such fleet during such registration year or for additional fees upon audit.
B. If the registrant is replacing a vehicle for one withdrawn from the fleet and such vehicle is of the same weight category as that replaced, the registrant shall file a supplemental application with the base jurisdiction. The base jurisdiction shall, in accordance with provisions in Article VI. B., issue a new cab card and transfer the identification plates to the new vehicle. When a replaced vehicle is of greater weight or requires a larger registration fee, the registrant shall file the re-registration with the base jurisdiction in a manner set forth in Article VI for the registration of additional fleet vehicles.
Article VIII. New Operations
A. Initial applications for proportional registrations shall state the mileage data in all jurisdictions for the preceding year with respect to such vehicle or vehicles. If no operations were conducted with such vehicle or vehicles during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each of the jurisdictions. The registrant shall determine the in-jurisdiction and total mileage to be used in computing the proportional registration fee for the vehicle or vehicles. The base jurisdiction commissioner may adjust the estimate in the application if the base jurisdiction commissioner is not satisfied with its correctness.
Article IX. Registration of Owner-Operator Vehicles
A. Proportional registration for owner-operators who lease their vehicles to motor carriers on a long term basis shall be accomplished as follows:
1. The lessee shall be the registrant and the vehicle shall be registered by the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the allocations of fees according to the records of the carrier.
2. The identification plates and cab cards shall be the property of the lessee.
3. Should an owner-operator leave the fleet of the lessee, the lessee may proceed in accordance with Article VII.
B. Vehicles of owner-operators that are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the jurisdiction in which the vehicle is being operated shall be subject to the trip permit requirement as set forth in Article XII.
C. Each jurisdiction shall provide a means of registration for owner-operators not operating as a lessor. Such registrations shall be restricted plate or permit issued for a minimum fee and for a registered gross weight not in excess of the empty weight of the vehicle.
Article X. Trip Leasing
The lessee, except as provided for service representatives in Article II. C., is responsible for the proper registration of the vehicle, except that an apportioned operator may lease equipment to another apportioned fleet operator and the lessor shall be responsible for reporting on the proportional application the miles traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement. The leased vehicle must bear proportional credentials and be operated only in the jurisdictions to which fees have been paid or a trip permit will be required. The service representative in Article II. C. shall also have the same responsibility for qualifying his vehicles.
Article XI. Registration of Rental Vehicles
A. In this Article:
1. ""Rental owner'' means an owner principally engaged, with respect to one or more rental fleets, in renting to others or offering for rental the vehicles of such fleets, without drivers.
2. ""Rental fleet'' means 5 or more vehicles which are rented or offered for rental without drivers, and which are designated by rental owners as a rental fleet.
3. ""Rental vehicle'' means a vehicle of a rental fleet.
4. ""Renting and leasing'' means the giving of possession and control of the vehicle for valuable consideration for a specified period of time.
5. ""Rental transaction'' for the rental of a vehicle shall be deemed to occur in the jurisdiction where such vehicle first comes into possession of the user.
B. Rental fleets owned by any person or firm engaged in the business of renting such vehicles shall be extended full interstate and intrastate privileges, provided that:
1. Such vehicles are part of a rental fleet which are identifiable as being part of such fleet; and
2. Such person or firm has received approval from the jurisdiction to apportion such rental fleet; and
3. Such person or firm registers the vehicles as described below:
a. Trucks and truck-tractors. In accordance with Articles III, IV, V, VI, and VII of this agreement.
b. Rental passenger cars. Divide the gross revenue received in the preceding year for use of such rental vehicles arising from passenger car rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from passenger car rental transactions occurring in all jurisdictions in which such vehicles were operated. The resulting percentage shall be applied to the total number of passenger cars in the fleet and that figure shall be the number of rental passenger cars that shall be fully registered in the jurisdiction.
c. Trailers and semi-trailers. Trailers and semi-trailers not in separate pool fleets and used in normal tractor-trailer operations shall be licensed according to Article IV. C. Where required, trailers and semi-trailers over 6,000 pounds gross vehicle weight and used solely in pool fleets shall be licensed by dividing the gross revenue received in the preceding year for the use of such rental vehicles arising from rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from rental transactions in all jurisdictions. The resulting percentage shall be applied to the number of units in such fleet.
d. Utility trailers. Every owner of utility trailers of 6,000 pounds gross vehicle weight and under engaged in the business of renting such trailers for use in a jurisdiction shall register a number of trailers equal to the average number of such trailers in or through the jurisdiction during the preceding year.
e. One-way vehicle. Trucks of less than 26,000 pounds gross vehicle weight operated as part of an identifiable one-way fleet will allocate vehicles to the respective jurisdictions based on the mileage factor procedure in Article III and fully plate said allocated vehicles in such jurisdiction. All trucks of such one-way fleets so qualified will be allowed to perform both interstate and intrastate movements in all jurisdictions.
Article XII. Trip Permit Registration
A. Trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.
B. A person desiring a trip permit registration shall make application therefor on forms provided by the commissioner. Every such application shall be accompanied by the required fee. Every trip permit shall be carried in the cab of the vehicle for which such permit is issued.
C. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in the jurisdiction for the period allowed under such permit.
D. Trip permits shall not be used to evade or circumvent this agreement.
E. Jurisdictions, members to this agreement, may provide a system of issuing trip permits for other jurisdictions, members of this agreement, so that vehicles may move without waiting for telegraphic or other emergency authorization. The issuing jurisdiction shall collect the necessary trip permit fee and forward it to the jurisdiction for which the permit was issued and deliver to the registrant the permit for movement in the other jurisdiction or jurisdictions.
Article XIII. Preservation of Records and Audit
A. Any registrant whose application for proportional registration has been accepted shall preserve the records on which it is based for a period of the 3 preceding years. Such records shall be made available to the commissioner or his agents at his request for audit as to accuracy of computation, payments, and assessments for deficiencies or allowances for credits, during the normal business hours of the day.
B. If any registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which his true liability may be determined, the commissioner may, 30 days after written demand for an availability of record or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his own instance, information available to the commissioner concerning operations by similar registrants and such other pertinent information as may be available to the commissioner.
Article XIV. Audits
A. 1. The base jurisdiction shall audit the registrants displaying a base plate of the base jurisdiction as to authenticity of mileage figures derived from operational records and registrations and at such time and frequency as determined by the base jurisdiction.
2. In the event that the registrant's operational records are not located in the base jurisdiction and it becomes necessary for the base jurisdiction to send auditors to the place where such records are normally kept, the base jurisdiction may require the registrant to reimburse the base jurisdiction for per diem and travel expenses of its auditors incurred in the performance of such audit.
B. Upon completion of any such audit, the commissioner shall notify all jurisdictions in which the registrant was proportionally registered of the accuracy of the records of such registrant. If the registrant shall have miscalculated the fees due any jurisdiction in which his vehicles were proportionally registered, such information shall be furnished to the jurisdictions for adjustment.
C. Audits may be made by the commissioners of the several jurisdictions.
Article XV. Assessment Claims Under Audit
A. Upon audit, the commissioner shall assess for any deficiency found to be due. No assessment for deficiency or claim for credit may be made for any period for which records are no longer required.
B. Assessments based on audit, interest on assessments, refunds, or credits or any other amounts including auditor's per diem and travel shall be made in accordance with the statute of each jurisdiction involved with the audit of the registrant.
Article XVI. Entry and Withdrawal
A. Any jurisdiction may become a party to this agreement by executing the prescribed adopting resolution and sending it to the American Association of Motor Vehicle Administrators (hereinafter referred to as AAMVA) in Washington, D.C.; however, such resolution must be approved and endorsed by all member jurisdictions using procedures contained in Article XIX.
B. This agreement shall continue in full force and effect, after its original adoption, as to each jurisdiction until cancelled or revoked by proper officials of any jurisdiction upon 30 days written notice to AAMVA who shall immediately notify the officials of the other member jurisdictions to this agreement. However, cancellation by one jurisdiction shall not affect the agreement as between other jurisdictions. All credentials issued under this agreement shall be valid until the end of the current registration year of the applicable jurisdiction.
Article XVII. Exceptions
A. Each signatory jurisdiction to this agreement shall list its exceptions, if any. These exceptions will be made a part of the adopting resolution and of this agreement by appendix listing, and will be effective upon approval by each member jurisdiction using procedures contained in Article XIX.
B. Any jurisdiction may amend its exceptions by serving copies of the proposed changes on AAMVA and all member jurisdictions. Upon approval of all contracting jurisdictions, the amended or proposed exception shall be effective in the next succeeding registration year, provided at least 30 days notice has been given.
C. The withdrawal or cancellation of an exception shall be accomplished by filing due notice of such action with AAMVA, and becomes effective upon notification to all member jurisdictions using the procedures contained in Article XIX. The withdrawal or cancellation of an exception shall not require approval by the member jurisdictions.
D. There shall be no exceptions taken, however, to the following concepts embodied in this agreement:
1. Single registration plates;
2. Single registration (cab) card; and
3. Ability to perform both interstate and intrastate vehicle movements.
Article XVIII. Other Agreements
This agreement shall supersede any reciprocal or other agreement, arrangement or understanding between any 2 or more of the member jurisdictions covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement or understanding between a member jurisdiction and any non-member jurisdiction.
Article XIX. Administration
A. The AAMVA shall be the official repository of this agreement and shall be responsible for the required duties attendant to the administration of this agreement.
B. When 2 or more jurisdictions become signatories to this agreement, and as each jurisdiction thereafter joins the agreement, each jurisdiction shall send the prescribed adopting resolution to AAMVA in Washington, D.C. Upon receipt of such resolution, AAMVA shall provide a copy to each member jurisdiction for the purpose of obtaining the required endorsement. Each member jurisdiction shall notify AAMVA as to its endorsement or rejection of the applicant jurisdiction.
C. The AAMVA shall keep all jurisdictions apprised of the current status of the agreement in the manner determined by the Association to best accomplish this purpose.
D. Decisions regarding interpretations of any question at issue or formal policy procedures relating to this agreement shall be reached by agreement of 3/4 of the member jurisdictions, acting through the commissioners thereof, and upon determination shall be placed in writing and be retained by AAMVA as part of the permanent record which shall be binding on member jurisdictions where not in conflict with existing statute. Each such matter to be decided under this section shall be placed in writing and shall be presented to each member jurisdiction commissioner for approval or rejection.
E. All issues requiring approval or agreement of the member jurisdictions shall be determined by ballot mail by the repository, by certified mail, receipt requested, to each member jurisdiction. Entry into the plan, defined in Article XVI, and exceptions to the plan, defined in Article XVII, require approval and endorsement by all member jurisdictions. On all other issues, failure on the part of a member jurisdiction to respond to any ballot on matters pertaining to interpretations and amendments as set forth in Articles XIX. D. and XX of the IRP within 120 days of its receipt shall be deemed as approval by that jurisdiction.
Article XX. Amendments
This agreement may be amended, subject to the approval of 3/4 of the member jurisdictions, acting through the officials thereof authorized to enter this agreement. All proposed amendments shall be in writing and have been presented in one or more open meetings of commissioners. Such proposed amendments must be accompanied by a memorandum setting forth the intent and purpose of the proposed amendment, which memorandum shall be filed by the repository along with the amendment.
Article XXI. Effective Date
This agreement shall become effective upon the approval of any 2 jurisdictions and shall be operative between jurisdictions upon their signing or adopting this agreement.
Article XXII. AAMVA
The American Association of Motor Vehicle Administrators, AAMVA, hereby accepts the responsibilities thereinabove assigned to it.
Source. 1985, 146:2, eff. July 19, 1985.