Wis. Admin. Code Department of Transportation § Trans 178.04 - Determining the number of commercial motor vehicles

(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:

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

1. The number reported on the MCSA-1 most recently filed with the U. S. department of transportation.

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.

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.

(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.

(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.

(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:

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.

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.

(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.

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

(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.

(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:

(a) Operated exclusively for school activities.

(b) Not operated for any charter activity.

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

(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.

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

Notes

Wis. Admin. Code Department of Transportation § Trans 178.04

CR 08-002: cr. Register June 2008 No. 630, eff. 7-1-08. Amended by, CR 16-074: am. (1) (a) 1., (c) Register June 2019 No. 762, eff. 7/1/2019