29-250 C.M.R. ch. 162, § 1 - DEFINITIONS

1. ADDITIONAL FLEET VEHICLES: vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet.

2. AGREEMENT: the International Registration Plan ("the Plan"), or other reciprocal arrangements, or understandings between or among jurisdictions.

3. ALLOCATION: a system of registering a fleet that operates in more than one member jurisdiction under which the vehicles are fully registered in individual member jurisdictions in proportion to a measure of the presence of travel of the fleet in each one, and under which the vehicles so registered are granted reciprocity in all the member jurisdictions in which any of the vehicles of the fleet is registered.

4. ALLOCATED VEHICLE: a fleet of rental cars or rental trucks not otherwise required to be in the IRP in which a portion of the fleet registrations are assigned to each jurisdiction based on the percentage of revenue earned in the jurisdiction.

5. APM: the IRP Audit Procedures Manual.

6. APPLICANT: a person in whose name an application is filed for registration under the Plan.

7. APPLICATION: see Uniform Application.

8. APPORTIONABLE FEE: any periodic recurring fee or tax required for registering vehicles, such as registration, license, or weight fees.

9. APPORTIONABLE VEHICLE: any power unit that is used or intended for use in two or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and:

A. has two axles and a gross vehicle weight (GVW) or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms), or

B. has three or more axles, regardless of weight, or

C. is used in combination, when the gross vehicle weight of such a combination exceeds 26,000 pounds (11,793.401 kilograms).

A recreational vehicle, a vehicle displaying restricted plates, or a government-owned vehicle, are not apportionable vehicles; except that a truck or truck tractor, or the power unit in a combination of vehicles having a GVW of 26,000 pounds (11,793.401 kilograms) or less, never the less, may be registered under the Plan at the option of the registrant.

10. APPORTIONED VEHICLE: an apportionable vehicle that has been registered under the Plan.

11. APPORTIONMENT: registration based on a proportional payment of registration fees, whether determined by a quotient of miles traveled, revenue received, average presence, or any other similar method.

12. APPORTIONMENT PERCENTAGE: the ratio of the distance traveled in the Member Jurisdiction by the Fleet during the Reporting Period to the distance traveled in all Member Jurisdictions by the Fleet during the Reporting Period, calculated to six decimal places, rounded to five decimal places, and multiplied by one hundred.

13. AUDIT: the physical examination of a registrant's operational records, including source documents, to verify the distances reported in the registrant's application for apportioned registration and the accuracy of the registrant's record-keeping system for its fleet.

14. AUXILIARY AXLE: an auxiliary undercarriage assembly with a fifth wheel and tow-bar used to convert a semi-trailer to a trailer.

15. AVERAGE PER-VEHICLE DISTANCE: the total distance for each member jurisdiction reported by all Maine fleets divided by the number of Maine apportioned vehicles apportioned for each member jurisdiction.

16. AXLE: an assembly of a vehicle consisting of two or more wheels whose centers are in one horizontal plane, by means of which a portion of the weight of a vehicle and its load, if any, is continually transmitted to the roadway. For purposes of registration under the Plan, an "axle" is any such assembly whether or not it is load-bearing only part of the time.

17. BASE JURISDICTION: the member jurisdiction, selected in accordance with Plan procedures, to which an applicant applies for apportioned registration under the Plan or the member jurisdiction that issues apportioned registration to a registrant under the Plan.

18. BOB-TAIL INSURANCE: liability insurance that covers the operation of an unladen truck-tractor not in combination with a trailer or semi-trailer.

19. BUREAU: any reference to Bureau in this Rule will mean the Maine Bureau of Motor Vehicles.

20. BUS: everymotor vehicle designed for carrying more than 15 passengers, including the driver.

21. CAB CARD: an evidence of registration, other than a plate, issued for an apportioned vehicle registered under the Plan by the base jurisdiction and carried in or on the identified vehicle. The cab card identifies the vehicle, base plate, registered weight by jurisdiction, and all member jurisdictions where the vehicle is properly registered.

22. CANADIAN PROVINCIAL AUTHORITY NUMBER: a unique identification number assigned to a motor carrier authorized to conduct highway transportation operations within the boundary of the Canadian province issuing the number.

23. CARRIER: see Common Carrier, Contract Carrier, Motor Carrier, Motor Private Carrier.

24. CHARTER BUSES: buses which do not operate on a fixed route or on a regular schedule. Also known as Tour Buses.

25. CHARTERED PARTY: a group of persons who, pursuant to a common purpose and under a single contract, 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 group after leaving the place of origin. This term includes services rendered to a number of passengers that a passenger carrier or its agent has assembled into a travel group through sales of a ticket to each individual passenger covering a round trip from one or more points of origin to a single advertised destination.

26. COMBINATION OF VEHICLES: a power unit used in combination with one or more trailers, semi-trailers, or auxiliary axles.

27. COMBINED GROSS VEHICLE WEIGHT: the total unladen weight for a combination of vehicles plus the weight of the load carried on that combination of vehicles.

28. COMMON CARRIER: any motor carrier which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for compensation.

29. CONSUMER RENTAL VEHICLE: an automobile or truck registered for 26,000 pounds or less offered to the public for rent or short-term lease.

30. CONTRACT CARRIER: any motor carrier transporting passengers or property for compensation or hire under contract to a person.

31. CONVERTER GEAR: a set of axles with a fifth wheel designed to be towed by a power unit, and which is used to convert a semi-trailer to a full trailer. Converter gear may be used to connect two trailers in a twin trailer combination.

32. CREDENTIALS: the cab card and plate issued in accordance with the Plan.

33. DECLARED COMBINATION GROSS VEHICLE WEIGHT: the total unladen weight of any combination of vehicles plus the maximum load to be carried on that combination of vehicles for which registration fees have been paid.

34. DISTANCE: means miles or kilometers operated by a licensee's qualified motor vehicles.

35. DECLARED GROSS VEHICLE WEIGHT: the total unladen weight of any vehicle plus the maximum load to be carried on the vehicle for which registration fees have been paid.

36. EMERGENCY VEHICLES: any vehicle authorized to display red, blue, or amber lights in the performance of duties as defined in M.R.S.A. 29-A §2054.

37. EMPTY WEIGHT: see Unladen Weight.

38. ENFORCEMENT DATE: the date the base jurisdiction requires a registrant to display the new registration year's credentials.

39. ESTABLISHED PLACE OF BUSINESS: a physical structure located within the base jurisdiction that is owned or leased by the applicant or registrant and whose street address shall be specified by the applicant or registrant. This physical structure shall be open for business and shall be staffed during regular business hours by one or more persons employed by the applicant or registrant on a permanent basis (i.e., not an independent contractor) for the purpose of the general management of the applicant's or registrant's trucking-related business (i.e., not limited to credentialing, distance and fuel reporting, and answering telephone inquiries). Operational records concerning the fleet shall be maintained at the physical structure (unless such records are to be made available in accordance with the provisions of the Plan for records housed outside the base jurisdiction). The base jurisdiction may accept information it deems pertinent to verify that an applicant or registrant has an established place of business within the base jurisdiction.

40. EXCISE TAX: a tax which is required pursuant to 36 MRSA Chapter 111 as a prerequisite to motor vehicle registration in Maine. The tax is determined by multiplying the manufacturer's list price by a mil rate determined by the age of the motor vehicle.

41. EXTENSION: a period of time from the expiration or end of a grace period during which registrants may operate on expired credentials by reason of the inability of the base jurisdiction to provide current credentials.

42. FEDERAL HEAVY VEHICLE USE TAX (HVUT): a federal excise tax paid annually to the Internal Revenue Service on each motor vehicle with a GVW of 55,000 pounds or more. Proof of payment is a prerequisite to Maine IRP Registration.

43. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA): an agency of the United States Department of Transportation whose primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.

44. FLEET: one or more apportionable vehicles designated by a registrant for distance reporting under the Plan. Such vehicles share the same jurisdiction profile, common mileage, and a common expiration date.

45. FLEET DISTANCE: see Total Distance.

46. FOR-HIRE CARRIER: any person who engages in transportation by motor vehicle of passengers or property for compensation.

47. FULL TRAILER: every vehicle without motive power, designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

48. FULL RECIPROCITY PLAN: the process by which an IRP registrant is able to travel in all member jurisdictions. For first-time registrants, all jurisdictions' fees are calculated based on the Maine average vehicle distance for each jurisdiction. For renewal fleets, fees are based on the registrant's actual jurisdictional distance, but the registrant will have all member jurisdictions on the cab card.

48-A. GPS: a global positioning system that is used to identify a geographic location, sometimes referred to as a vehicle-tracking system.

49. GRACE PERIOD: the period of time from the expiration of apportioned registration until the enforcement date for new credentials.

50. GROSS VEHICLE WEIGHT (GVW): the unladen weight of a vehicle plus the maximum weight of the load carried on that vehicle.

51. HOUSEHOLD GOODS CARRIER: a carrier handling A. personal effects and property used or to be used in a dwelling, or B. furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, including objects of art, displays, and exhibits, which, because of their unusual nature or value, requires the specialized handling and equipment commonly employed in moving household goods.

52. HUNTER'S PERMIT: see Unladen Weight Permit.

53. IN-JURISDICTION DISTANCE: all of the distance operated during the reporting period or the distance estimated to be operated by a fleet in a particular member jurisdiction for the registration year.

54. INTER-JURISDICTION MOVEMENT: vehicle movement between or through two or more jurisdictions.

55. INTRA-JURISDICTION MOVEMENT: vehicle movement of property or persons from one point within a jurisdiction to another point within the same jurisdiction.

56. IRP: the abbreviation for the reciprocal agreement known as the International Registration Plan ("the Plan").

57. IRP ADMINISTRATOR: the Bureau official charged with the administration of the International Registration Plan in the State of Maine.

58. IVDR: Individual Vehicle Distance Record. It is an original record generated in the course of vehicle operations to account for all distance traveled that may be used as a source document to support the registrant's reported distance. An IVDR must contain the information set forth in the IRP Agreement.

59. JURISDICTION: a country or a state, province, territory, possession, or federal district of a country.

60. LEASE: a transaction evidenced by a written document in which a lessor vests exclusive possession, control, and responsibility for the operation of a vehicle in a lessee for a specific term.

A. A long-term lease is for a period of 30 calendar days of more.

B. A short-term lease is for a period of less than 30 calendar days.

61. LESSEE: a person who is authorized to have exclusive possession and control of a vehicle owned by another under terms of a lease agreement.

62. LESSOR: a person who, under the terms of a lease agreement, authorizes another person to have exclusive possession, control of, and responsibility for the operation of a vehicle.

63. MCS-150: the Federal Motor Carrier Safety Administration's Motor Carrier Identification Report.

64. MSO: Manufacturer's Statement of Origin - original documentation from the vehicle manufacturer that precisely describes a particular vehicle. MSO's must contain a Vehicle Identification Number (VIN).

65. MEMBER JURISDICTION: a jurisdiction that has applied for and has been approved for membership in the International Registration Plan in accordance with the Plan.

66. MILEAGE: for purposes of this Rule, unless the context clearly indicates otherwise, "mileage" means the same as "distance".

67. MOTOR CARRIER: a person required to be registered with the Federal Motor Carrier Safety Administration as an entity responsible for the safety and operation of their vehicles, and who has been assigned a U.S. DOT census number.

68. MOTOR VEHICLE: a vehicle which is self-propelled by power other than muscular power and which does not move on rail.

69. ONE-WAY RENTAL VEHICLE: a truck having a declared gross vehicle weight of 26,000 pounds or less and is rented, or offered for rental by a rental company, for a specified period of time.

70. OPERATING AUTHORITY: authority granted by either the Federal Motor Carrier Safety Administration or a jurisdiction's Regulatory Commission to a carrier to operate for-hire in interstate and/or intrastate commerce.

71. OWNER: any person, other than a lien holder, holding legal title or legal possession to a vehicle.

72. OWNER-OPERATOR: someone who owns and leases a motor vehicle with a driver to a motor carrier. The carrier generally is responsible for some or all of the legal and business requirements for the vehicle. In the IRP, a motor vehicle may be registered by either the motor carrier or the owner-operator.

73. OPERATIONAL RECORDS: source documents that support distance traveled by a fleet in each member jurisdiction, such as trip sheets or IVDR's, information that is generated through a vehicle tracking system, and distance summaries, as required by the IRP Agreement.

74. PERSON: a natural person or business entity such as a corporation, partnership, or limited liability company.

75. PLATE: the license plate, including renewal decals, if any, issued for a vehicle registered under the Plan by the base jurisdiction.

76. POOL: with respect to motor bus operations, an agreement or combination among motor carriers of passengers, with the approval of the U.S. Department of Transportation or relevant Provincial authority, to combine or divide traffic, services, or any part of their earnings.

77. POWER UNIT: a motor vehicle (but not including an automobile or motorcycle), as distinguished from a trailer, semi-trailer, or an auxiliary axle.

78. PRISM: the Performance and Registration Information Systems Management (PRISM) program is a federal-state cooperative motor carrier safety program that ties a motor carrier's safety rating to their ability to register their vehicles.

79. PRIVATE CARRIER: a person providing transportation of its own property in furtherance of its commercial enterprise.

80. PROPERLY REGISTERED VEHICLE: a vehicle which has been registered in full compliance with the laws of all jurisdictions in which it is intended to operate.

81. PROPORTIONAL REGISTRATION: the registration of a fleet of apportionable vehicles "in proportion to" the percentage of miles traveled by the fleet in the reporting period. See Apportionment.

82. PRORATION: the proportional payment of fees on a monthly or other basis according to the laws of each jurisdiction.

83. PURCHASE PRICE: the actual price paid by the current owner for a vehicle at the time of sale, excluding trade-in allowance and sales tax, but including any additional cost for accessories or modifications attached to the vehicle.

84. RECIPROCITY: the reciprocal grant by one jurisdiction of operating rights or privileges to properly registered vehicles registered by another jurisdiction, especially but not exclusively including privileges generally conferred by vehicle registration.

85. RECIPROCITY AGREEMENT: an agreement, arrangement, or understanding between two or more jurisdictions under which each of the participating jurisdictions grants reciprocal rights or privileges to properly registered vehicles that are registered under the laws of other participating jurisdictions.

86. RECIPROCITY DISTANCE: the distance traveled by apportionable vehicles in jurisdictions which are not member jurisdictions and which grant reciprocity without charge.

87. RECREATIONAL VEHICLE: a vehicle used for personal pleasure or personal travel and not in connection with any commercial endeavor. Recreational vehicles include such vehicles as campers and motor homes.

88. REGISTERED WEIGHT (REGISTERED GROSS VEHICLE WEIGHT): the gross weight for which a vehicle is licensed or registered within a jurisdiction. See Declared Combined Gross Vehicle Weight and Declared Gross Vehicle Weight.

89. REGISTRANT: a person in whose name a properly registered vehicle is registered.

90. REGISTRATION: the process by which a vehicle is qualified for operation by describing the vehicle, by establishing operational control of the vehicle, and by payment of fees for the privilege to use the public highway system.

91. REGISTRATION CARD: see Cab Card.

92. REGISTRATION FEE: for apportioned vehicles, the total apportioned fee required under the laws of each member jurisdiction for full registration of a fleet vehicle for the registration year or the unexpired portion of the registration year, as the case may be.

93. REGISTRATION YEAR: the twelve-month period during which, under the laws of the base jurisdiction, the registration issued to a registrant by the base jurisdiction is valid.

94. RENTAL FLEET: means vehicles the rental owner designates as a rental fleet and which are offered for rent with or without drivers.

95. RENTAL OWNER: someone who rents vehicles to others with or without drivers.

96. RENTAL VEHICLE: a vehicle of a rental fleet.

97. RENTAL PASSENGER VEHICLE: for purposes of this Rule, rental passenger vehicles are those vehicles rented for a thirty-day (30) day period or less.

98. REPORTING PERIOD: means, except as provided below, the period of twelve consecutive months immediately prior to July 1 of the calendar year immediately preceding the beginning of the registration year for which apportioned registration is sought. If the registration year begins on any date in July, August, September, the reporting period shall be the previous such twelve-month period. See Section 14.

99. RESIDENCE: the status of an applicant or a registrant as a resident of a member jurisdiction.

100. RESTRICTED PLATE: a plate that has a time, geographic area, distance, or commodity restriction or a mass transit or other special plate issued for a bus leased or owned by a municipal government, a state or provincial transportation authority, or a private party, and operated as part of an urban mass transit system, as defined by the jurisdiction that issues the plate.

101. SCHEDULE A, SCHEDULE B, SCHEDULE C, SCHEDULE A/E: see Uniform Application.

102. SEMI-TRAILER: a vehicle without motor power that is designed to be drawn by a motor vehicle and is constructed so that a part of its weight rests upon or is carried by a towing vehicle.

103. SERVICE REPRESENTATIVE: a person who furnishes and provides services, including sales, warehousing, motorized equipment, and drivers under contract or other arrangement to a motor carrier for the transportation of household goods.

104. STAGGERED REGISTRATION: when an annual motor vehicle registration may expire in any month, generally twelve months from the month of issuance.Maine maintains a system of staggered registrations.

105. STATE: for the purposes of this Rule, unless the context clearly indicates otherwise "state" has the same meaning as "jurisdiction".

106. TEMPORARY AUTHORITY (T/A): see Temporary Vehicle Registration.

107. TEMPORARY VEHICLE REGISTRATION (TVR): a temporary evidence of apportioned registration. The Maine TVR is valid for up to forty-five (45) days and allows a vehicle to be operated pending the issuance of the permanent registration credentials. The TVR is valid in all member jurisdictions.

108. TOTAL DISTANCE: all distance operated by a fleet of apportioned vehicles in all member jurisdictions during the reporting period.

109. TRACTOR: a motor vehicle designed and used primarily for drawing other vehicles, but not so constructed as to carry a load other than part of the weight of the vehicle and load so drawn.

110. TRAILER: a vehicle without motor power, designed to be drawn by a motor vehicle and so constructed that no part of its weight or that of its load rests upon or is carried by the towing vehicle.

111. TRIP PERMIT: a temporary permit issued by a member jurisdiction in lieu of apportioned or full registration or reciprocity.

112. TRUCK: a motor vehicle designed, used, or maintained primarily for the transportation of property.

113. TRUCK TRACTOR: a motor vehicle designed and used primarily for drawing other vehicles, but so constructed as to carry a load other than part of the weight of the vehicle and load so drawn.

114. UNIFORM APPLICATION: the official IRP application forms provided for making application for apportioned registration.

115. UNIFORM APPLICATION FOR A NEW ACCOUNT (SCHEDULE A): the official IRP form provided to and used by an applicant to establish a new IRP Account.

116. UNIFORM MILEAGE SCHEDULE (SCHEDULE B): the official IRP form, provided to report distance by jurisdiction and total distance for a fleet as derived from operational records.

117. UNIFORM APPLICATION FOR CHANGES (SCHEDULE C): the official IRP form provided to make changes in all areas of operation.

118. UNIFORM COMPUTER GENERATED FORM FOR RENEWAL (SCHEDULE A/E): the official computer generated IRP form provided by the Bureau to allow for an efficient renewal process.

119. UNLADEN VEHICLE WEIGHT (UNLADEN WEIGHT): the weight of a vehicle fully equipped for service excluding the weight of any load.

120. UNLADEN WEIGHT PERMIT: a temporary registration permit issued to a vehicle owner of an unladen apportionable vehicle to allow movement of the vehicle from one fleet to another when the vehicle does not have a current registration. (Also called a Hunter's Permit or Unladen Vehicle Registration)

121. USDOT NUMBER: a motor carrier identification number issued by FMCSA, also known as a census number, provided for under CFR 49 Subpart B Section 390.21 Subsection (B).

122. VEHICLE: a device used to transport persons or property on a highway, excepting devices moved by human power or used exclusively upon rails or tracks.

123. VEHICLE IDENTIFICATION NUMBER (VIN): the numbers and letters generally assigned to a vehicle by the manufacturer for the purposes of titling and registration.

Notes

29-250 C.M.R. ch. 162, § 1