29-250-171 Me. Code R. § 1

Current through 2024-50, December 11, 2024

Section 250-171-1 - DEFINITIONS

1. BASE STATE: means the state where the registrant is required or elects, according to a hierarchical set of rules adopted by the UCR Board, to register and pay UCR fees.

2. BOARD: means the Board of Directors of the UCR Plan.

3. BROKER: means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.

4. BUREAU: means the Bureau of Motor Vehicles.

5. COMMERCIAL MOTOR VEHICLE (see 49 U.S.C. §31101) : means a self-propelled vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle:

A. Has a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of at least 10,001 pounds, whichever is greater;

B. Iis designed to transport more than 10 passengers including the driver; or

C. Iis used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. §5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary.

6. FMCSA: means the Federal Motor Carrier Safety Administration, an agency within the USDOT.

7. FREIGHT FORWARDER: means a person holding itself out to the general public (other than as a pipeline, rail, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business:

A. Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;

B. Assumes responsibility for the transportation from the place of receipt to the place of destination; and

C. Uses for any part of the transportation a carrier subject to 49 U.S.C. Subtitle IV.

8. GROSS WEIGHT (GW): means the weight in pounds of an empty vehicle or axle plus the weight of the maximum load to be carried by the vehicle or axle.

9. GROSS VEHICLE WEIGHT (GVW): means the actual total weight of the vehicle and load.

10. GROSS VEHICLE WEIGHT RATING (GVWR): means the weight of the vehicle and load as determined by the final-stage manufacturer, as the rating appears on the vehicle.

11. INTERSTATE COMMERCE: means trade, traffic, or transportation in the United States between:

A. A place in a state and a place outside of such state (including a place outside of the United States);

B. Two places in a state through another state or a place outside of the United States; or

C. Two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

12. INTRASTATE COMMERCE: means any trade, traffic, or transportation in any state that is not described in the term "interstate commerce" and is conducted wholly within a state.

13. LEASING COMPANY: means a lessor engaged in the business of leasing or renting for compensation motor vehicles they own without drivers to a motor carrier, motor private carrier, or freight forwarder.

14. LONG-TERM LEASE: means a lease agreement with a lease term greater than 30 days.

15. MOTOR CARRIER: means a person providing motor vehicle transportation of property or passengers for compensation (for-hire).

16. MOTOR PRIVATE CARRIER: means a person, other than a motor carrier, transporting property by motor vehicle when:

A. The transportation is as provided in 49 U.S.C. §13501;

B. The person is the owner, lessee, or bailee of the property being transported; and

C. The property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.

17. MOTOR VEHICLE: means any vehicle, machine, tractor, trailer, or semi trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the FMCSA, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

18. PARTICIPATING STATE: means a state that has complied with the requirements of Subsection (e) of 49 U.S.C. §14504a filing with the USDOT Secretary its plan for UCRA administration and that has not withdrawn from the UCR Plan. An active list of participating states may be found at http://www.maine.gov/sos/bmv/commercial/UCR.htm .

19. PERSON: means a natural person or business entity such as an individual, firm, corporation, partnership, or limited liability company or any other legal or commercial entity.

20. PRINCIPAL PLACE OF BUSINESS: means a single office or terminal designated by the company to serve as the motor carrier's, motor private carrier's, broker's, leasing company's, or freight forwarder's principal place of business. The principal place of business must be a location where the company is engaged in business operations and where it maintains or can make available its business and safety records. A company may not designate as its principal place of business any location where the company is not engaged in business operations related to the transportation of persons or property. The following may not be designated a principal place of business:

A. Post office box centers or commercial courier service establishments that receive and hold mail or packages for third party pickup;

B. Offices of a consultant, service agent, or attorney when the registrant is not engaged in operations related to the transportation of persons or property at that location.

21. REGISTRANT: means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder.

22. REGISTRATION YEAR: means a calendar year.

23. REGISTRATION PERIOD: means, with respect to a registration year, the period of time that registrations can be submitted for the upcoming registration year. This registration period is August 1 through December 31 of the immediately preceding year, or the date the UCR Board authorizes the participating states to begin sending their UCR renewal notices, whichever is later.

24. SAFER: means FMCSA's Safety and Fitness Electronic Records System database.

25. SECRETARY: means the Secretary of the USDOT.

26. STATE: means a state of the United States or the District of Columbia.

27. UNIFIED CARRIER REGISTRATION (UCR): means the act of filing and paying required fees to be in compliance with the Unified Carrier Registration Agreement.

28. UNIFIED CARRIER REGISTRATION AGREEMENT (UCR AGREEMENT OR UCRA): means the interstate agreement developed under the UCR Plan governing the collection and distribution of registration information and UCR fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to 49 U.S.C. §14504a.

29. UNIFIED CARRIER REGISTRATION FORM (UCR FORM): means the application form approved by the UCR Board for the submission of required UCR registration information as modified by the state of Maine for the specific use of registrants basing in Maine.

30. UNIFIED CARRIER REGISTRATION FEES: means the fees determined by the Secretary based upon recommendation by the Board.

31. UNIFIED CARRIER REGISTRATION PLAN (UCR PLAN): means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the UCR Agreement.

32. UNIFIED CARRIER REGISTRATION SYSTEM (URS): means the federal registration system established by 49 U.S.C. §13908.

33. U.S.C.: means the United States Code.

34. USDOT: means the United States Department of Transportation.

35. VEHICLE REGISTRATION: means the registration of any commercial motor vehicle under the International Registration Plan (IRP) as defined in 49 U.S.C. §31701 or any other registration law or regulation of a state or foreign country.

29-250 C.M.R. ch. 171, § 1