29- 250 C.M.R. ch. 162, § 7

Current through 2024-44, October 30, 2024

Section 250-162-7 - PREREQUISITES TO APPORTIONED REGISTRATION

1. USDOT Number

A. Motor carrier applicants for an IRP registration are required to submit their USDOT Number as part of their original application.

B. If the applicant is not a motor carrier then the applicant must submit the USDOT Number(s) for all motor carriers assuming responsibility for the safety of any of the vehicles in the applicant's fleet.

C. Owner-operators registering as a part of a motor carrier fleet must use their motor carrier's USDOT Number.

D. If a motor carrier is providing liability insurance coverage for the owner-operator (i.e. the motor carrier is the carrier responsible for safety), that carrier's USDOT Number must be provided.

E. The IRP Unit must be notified anytime an owner-operator changes carriers. The owner-operator must provide the IRP Unit with the USDOT Number of that new carrier and a lease indicating that the new carrier is taking responsibility for safety. A new registration cab card will be issued.

F. The USDOT Number of the carrier responsible for safety, with some exceptions, will be printed and bar-coded on each IRP cab card.

G. A FMCSA Motor Carrier Identification Report (MCS-150) must be updated as required by FMCSA for all USDOT Numbers on an original, renewal, or supplement application. In general, MCS-150's must be updated biennially.

2. Evidence of Insurance

A. Evidence of insurance must be provided annually by presenting or having on file with the Bureau:

(1) a valid and current insurance card as defined in 29-A M.R.S.A. §1601; or

(2) a letter from an insurance company or agent showing that the vehicle is covered by a liability insurance policy; or

(3) an insurance binder or insurance policy that has:

(a) a summary document describing the vehicle insured; and

(b) the name of the insured; and

(c) the amount of the insurance; and

(d) the type of insurance coverage; and

(e) the period the vehicle is covered; or

(4) an active insurance filing with the Federal Motor Carrier Safety Administration.

B. The registrant's and/or carrier's name must be substantially the same on both the registration and on the insurance document.

3. Municipal Excise Tax

A. Maine law mandates that an annual municipal excise tax be paid prior to registering or reregistering a motor vehicle in the State.

B. Excise tax must be paid to the Maine municipality where the vehicle is routinely based.

C. A vehicle base-registered in another jurisdiction but garaged or maintained in the State of Maine is subject to excise tax, and to State sales tax requirements as appropriate.

4. Title (Initial Registration Only)

A. Maine title law requires an apportionable vehicle to be titled in Maine at the time of first registration or when a change of registration is required by reason of a sale, with certain exceptions.

B. The applicant must provide:

(1) proof that the vehicle is titled in Maine or another jurisdiction, or

(2) proof of application for a Maine title and payment of any applicable fees, or

(3) proof that the vehicle is exempt from Maine title law. Apportionable vehicles manufactured prior to 1995 are exempt from Maine title law.

5. Sales Or Use Tax (Initial Registration Only)

A. A Maine Dealer's Certificate (STMV 6) or a Maine Use Tax Certificate (STMV 6U) along with supporting documents and payment where applicable must be provided to the IRP Office before an applicant can register any newly acquired apportionable vehicle.

B. A commercial motor vehicle placed in use by the purchaser as an instrumentality of interstate or foreign commerce within thirty (30) days of acquisition and that is used by the purchaser for not fewer than eighty percent (80%) of the days in interstate or foreign commerce during the next 2 years is exempt from sales and use tax. The exemption is claimed on the Use Tax Certificate and the Interstate Commerce Affidavit (STA-111 or STA-110). See Title 36 Section 1760, sub-section 41- A.

6. Federal Heavy Vehicle Use Tax (HVUT)

A. Registrants whose vehicles are registered for 55,000 pounds or more are required to provide evidence annually that the Federal Heavy Vehicle Use Tax (HVUT) has been paid to the Internal Revenue Service (IRS) for the July 1 to June 30 tax year in which the registration year begins. The IRP Unit will not issue renewal credentials until the tax has been paid.

B. Acceptable proof of HVUT payment must be either a copy of the IRS Form 2290 Schedule 1 that bears an IRS receipt stamp or special electronic watermark, or a copy of the taxpayer's Form 2290 Schedule 1 without the stamp or water mark and the front and back of the cancelled check made payable to the IRS.

7. Lease Agreements

A. A copy of a lease agreement must be provided whenever:

(1) a vehicle is being registered in a name other than that of the vehicle's titled owner, or

(2) the registrant is an owner-operator leased to a carrier providing the liability insurance coverage for the vehicle. The lease must clearly state that the carrier is providing continuous liability insurance. Absent such a statement the owner-operator is required to provide evidence of insurance coverage (bob-tail insurance).

B. The registrant must notify the IRP Office any time a leasing situation changes. An owner-operator must provide evidence of insurance or a new leasing agreement whenever an existing lease is cancelled.

29- 250 C.M.R. ch. 162, § 7