Chapter 22. Apportioned Registration of Fleet Vehicles

The registrant may choose to fully register in any jurisdiction or purchase a limited number of trip permits instead of apportioned registration.

The registrant may divide his vehicles into any number of fleets.

A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of “apportionable vehicle” may be proportionally registered at the option of the registrant.

Apportionable vehicles registered non-proportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the State in their apportionment shall be subject to the restrictions contained in Transportation Article, § 12-406, Annotated Code of Maryland.

Rental vehicles subject to Transportation Article, §§12-104(b), and 12-403—12-414, relating to apportioned rental vehicles which are not proportionally allocated or registered with the State shall be subject to the restrictions contained in Transportation Article, §12-104(b) relating to rental car agencies.

A vehicle based in the State for use only in the State or nonmember jurisdictions, or both, shall continue to be registered in the State on a nonapportioned basis.

“Administration” means the Motor Vehicle Administration.

“Agent-lessor” means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.

“Applicant” means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.

“Apportionable fee” means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:

“Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:

“Audit” means the examination of a registrant’s records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and evaluate the accuracy of the registrant’s distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years

“Auxiliary axle” means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.

“Average per-vehicle distance” means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.

“Base jurisdiction” means for the purpose of fleet registration, the jurisdiction where:

“Base plate” means the registration plate, or plates, issued by the base jurisdiction, identified by having the word “APPORTIONED” and the base jurisdiction's name on the plate.

“Bilateral agreement” means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.

“Cab card” means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:

“Carrier” means an individual, partnership, or corporation engaged in the business of transporting goods or persons.

“Credentials” means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.

“Established place of business” means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:

“Equipment number” means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.

“Fleet” means one or more apportionable vehicles.

“Household goods” means:

“Hunter's permit” means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.

“In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.

“International Registration Plan (IRP)” means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.

“Interstate operations” means vehicle movement between or through two or more jurisdictions.

“Intrastate operations” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.

“IVMR” means individual vehicle mileage record.

“Jurisdiction” means:

“Lease” means a written document vesting exclusive possession and control of a vehicle owned by another.

“Lessor” means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).

“Long-term lease” means a lease having a term of 30 days or more.

“Member jurisdiction” means a jurisdiction which is a party to the International Registration Plan.

“Negotiable title” means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.

“Operational records” means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.

“Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.

“Power unit” means a vehicle which is self propelled by power other than muscular power.

“Preceding year” means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.

“Reciprocity” means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.

“Reciprocity agreement” means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.

“Registrant” means a person, firm, or corporation in whose name an apportioned vehicle is registered.

“Registration year” means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.

“Rental fleet” means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.

“Rental owner” means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.

“Rental vehicle” means a vehicle of a rental fleet.

“Renting or leasing” means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.

“Restricted plate” means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.

“Road tractor (mobile home toter)” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.

“Short term lease” means a lease having a term of less than 30 days.

“Temporary authority” means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.

“Total miles” means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.

“Tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.

“Trip permit” means a temporary permit issued by a jurisdiction instead of regular apportioned registration.

“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.

“Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

“Vehicle-tracking system” means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.

“VIN” means vehicle identification number.

Schedule A/C (Form IRP A/C) shall contain a description of each power unit, trailer, semi-trailer, and auxiliary axle and be accompanied by a uniform mileage schedule.

Schedule B (Form IRP B).

Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator's name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee.

Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.

For purposes of proportional registration, the long-term lessee-operator of a vehicle shall be responsible for its registration, that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them.

The Maryland credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles.

If the lease of a vehicle is terminated, the lessee-operator shall transfer the Maryland registration to another vehicle which replaces it in the fleet.

A renewal or series of renewals of a short-term lease covering the same vehicle or vehicles shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.

If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily leased vehicle.

The temporarily leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions displayed on the cab card.

All rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Maryland to apportion the rental fleets.

The operational records of the rental fleet shall be maintained by the rental owner.

The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.

Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Maryland and one or more other jurisdictions may, instead of full registration of each vehicle in Maryland, register the number of trailers and semitrailers determined as follows: Divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in Maryland by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions and multiply the quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.

Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction. Monthly summaries shall be supported by rental settlement contracts. Yearly earnings shall be supported by the company's financial statements and copies of federal and State income tax returns.

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Maryland.

Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register a number of trailers equal to or more than the average number of the trailers rented in or through Maryland during the preceding year.

Records.

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Maryland registration.

Rental owners who rent or lease trucks having a registered weight of less than 26,000 pounds in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register the number of trucks determined as follows: In each weight class divide the mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.

Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Maryland registration.

If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Administration on the appropriate form.

If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Administration will issue a new cab card and transfer the registration for the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.

If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the fees paid with respect to the vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.

If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with §A, unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.

Temporary authorization certificates may be obtained from the Motor Carrier Services Section of the Administration by apportioned vehicle registrants for use on an additional vehicle or when it is necessary to increase a vehicle's registered weight. The registrant's fees on its original apportioned registration application shall be paid before approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier.

The Administration may suspend the proportional registration privileges of any carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.

Seventy-two hour trip permits may be obtained from the Administration or authorized issuing agents for the occasional or emergency operation into or through Maryland of vehicles registered in member jurisdictions but not proportionally registered in the State.

Each trip permit shall be carried in the cab of the vehicle for which the permit is issued.

Issuance of Plate and Cab Cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Administration shall issue the following to Maryland based carriers:

Display. Credentials issued by the Administration shall be maintained or displayed as required by Transportation Article, §§13-409 and 13-411, Annotated Code of Maryland. The cab card shall be carried in the vehicle for which it is issued.

Application. If a Maryland apportioned registration plate or cab card is defaced, lost, or stolen, the carrier shall apply for a replacement on the appropriate form furnished by the Administration accompanied by the fee provided in this chapter.

Replacement at Transfer. Application for replacement of a lost or stolen registration plate may not be accepted with a registration transfer application unless the cab card is surrendered with the supplement registration application.

Cab Cards. Application for replacement of a lost cab card may not be accepted at the time a supplemental registration application is filed.

For Non-Dump Service Vehicles.

For Dump Service Vehicles.

If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Administration for Maryland registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.

If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.

A registration transfer fee shall be paid in all cases.

A billing error of a jurisdiction;

A duplication of registration fees paid for the same apportioned vehicle;

Payment in error of a full fee for a Maryland registration plate when only an apportioned registration is required;

An overpayment as determined by audit; or

A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.

Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:

Failure to Maintain Records.

General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.

Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.