Legislative Bulletin - September 17, 2009

FMCSA Agrees to TRALA Request for Extended Comment Time on UCRA Fee Increase

The Federal Motor Carrier Safety Administration (FMCSA) has agreed to extend the comment period for the proposed increase to the Unified Carrier Registration Act (UCRA) fees following receipt of TRALA’s letter asking for more time. TRALA’s letter was sent to the FMCSA on September 9, 2009 in response to the UCR fee increase proposal published in the September 3 Federal Register which originally only allowed for a 15 day comment period. A copy of the TRALA letter can be seen here. The UCR fee proposal would more than double some of the current annual fees paid by motor carriers as well as leasing companies. The flat fee paid by leasing companies would increase from $39 to $83. The smallest motor carrier fleets would see their fees go from $39 to $83, while the largest fleets would see an increase from $37,500 to $82,983.

The UCRA was enacted as part of the highway authorization bill passed in 2005, known as SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users). The UCRA replaced the existing Single-State Registration System, where interstate motor carriers paid fees based on the number of trucks they had in their principle place of business, or the state where the largest number of trucks were operated. TRALA succeeded in securing a low, flat fee for leasing companies under the UCRA, arguing that motor carriers would be responsible for paying fees based on their fleet size, including any leased trucks.

The proposed UCRA fee increases are partially attributed to the fact that the definition of a commercial motor vehicle under the agreement no longer includes trailers, only power units. The proposal also slightly re-aligns the fee payment brackets for motor carriers; currently the smallest bracket is for fleets with 0 to 2 commercial vehicles, with the next level being 3 to 5 commercial vehicles. The proposal would adjust the smallest fleet to 0 to 1 vehicles, and the next level 2 to 5, and all others brackets would remain the same. The text also notes adjustments in fees due to non-compliant companies. A copy of the proposed rules published on September 3rd can be seen here.

TRALA will submit a detailed comment letter to the FMCSA before the end of the extended deadline. TRALA is concerned about this significant increase in fees, and the overall premise of the UCRA program. For the notice of extended comment period for the fee increase that will be published in the Federal Register on Friday, September 18th, click here. For more information on the proposed increase in UCRA fees, contact TRALA’s Tom James at tjames@trala.org or (703) 299-9120.