Unified Carrier Registration Agreement

Board of Directors Meeting (#125)

 December 14, 2017
Atlanta, GA

 

ATTENDEES

(Board & Staff)

 

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Cathy Gautreaux FMCSA
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA X
Monte Wiederhold Reever Transport X
Chris Burroughs TIA
Rick Schweitzer NPTC X
Mike Hoeme KCC X
Sandy Bowling INDOR X
Scott Morris ALPSC X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Brooke Mason UCR X
Dave Lazarides, Consultant DSL X

 

MINUTES

Welcome, Call to Order & Introductions

Chair Avelino Gutierrez called the meeting to order at 9:00 a.m. Eastern and welcomed all attendees. Board members introduced themselves and a quorum was confirmed.

A MOTION was MADE and SECONDED to adjourn the Board meeting until 1:00 p.m. Eastern.  THE MOTION CARRIED and the meeting was adjourned.

Chair Avelino Gutierrez called the meeting to order at 1:00 p.m. Eastern.  Board members and non-Board members introduced themselves.  A quorum was confirmed.

 

Verification of Meeting Notice

Mr. Gutierrez reported that notice for the meeting was filed for public display on December 7 and posted to the Federal Register on December 11.  He also reported that notice was posted to the public UCR website (www.ucrplan.org) on November 21.

Review & Approval of Agenda & Setting of Ground Rules

A MOTION was MADE and SECONDED to accept the meeting agenda as proposed.  THE MOTION CARRIED.

Review & Approval of Minutes of the Nov. UCR Board Meeting

A MOTION was MADE and SECONDED to accept the November 30 Board minutes as presented.  THE MOTION CARRIED.

 

Critical Issues

  • Latest on FMCSA Rulemaking for 2018 Fees

Rick Wood, on behalf of Deputy Administrator Cathy Gautreaux, reported that the recommendation for 2018 UCR registration fees remains under review by the Secretary of Transportation and that a final rule has not yet been published.

  • Deferred Proposed Policies for UCR

Document Retention & Destruction

Depository Manager Dave Scholz reported on a new draft of the previously tabled Document Retention & Destruction proposed policy and answered questions.

A MOTION was MADE and SECONDED to un-table discussion of the Document Retention & Destruction proposed policy.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to substitute the revised policy language for the original policy language.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt as an interim policy the revised language for Document Retention & Destruction.  THE MOTION CARRIED.

 

Financial Reserve

Depository Manager Dave Scholz reported on a new draft of the previously tabled Financial Reserve proposed policy and answered questions.

A MOTION was MADE and SECONDED to un-table discussion of the Financial Reserve proposed policy.  THE MOTION CARRIED.

Following discussion, the Board instructed staff to amend the policy language to reflect a majority Board vote is required for approval of capital reserve funding (not a 2/3 vote).

A MOTION was MADE and SECONDED to substitute the revised and amended policy language for the original policy language.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt as an interim policy the revised and amended language for Financial Reserve.  THE MOTION CARRIED.

  • Proposed UCR Fees for 2019 & 2020

Depository Chair Scott Morris, with assistance from Mr. Scholz, presented a recommendation from the Revenue & Fees Subcommittee for proposed UCR registration fee levels in 2019 and 2020 and answered questions.

A MOTION was MADE and SECONDED to accept the recommendation.  THE MOTION CARRIED.

The Board instructed Kellen staff to update all required paperwork with the new fee levels and draft the fee recommendation letter to be signed by the Chairman to submit to FMCSA by December 31.

  • Updates on UCR National Registration System

Mr. Morris and Mr. Scholz provided an update on the recent activities of the Task Force and answered questions.  Mr. Scholz reported that all vendor bids are due by January 8 and that the Task Force will meet in Atlanta on January 11 to review.

Mr. Morris and Mr. Scholz reported that the Board has yet to take action on the Task Force’s recommendation that UCR will no longer permit stand-alone state systems to be integrated with the new national system once it launches.  Following discussion, no action was taken, so the status quo remains (state systems will be allowed to integrate with the new national system).

Following further discussion, a MOTION was MADE and SECONDED to grandfather-in existing state systems while no longer accepting any new state systems from this point forward.  The motion was tabled indefinitely.

It was mentioned that several states have requested the Board reconsider its earlier decision that UCR no longer accept paper registration forms once the new national system launches (i.e., UCR will “go paperless”).  Following discussion, no action was taken to reverse the earlier decision.

  • Petition to Consider UCR Applicability for Intrastate, Non-Charter Buses

Mr. Gutierrez reported on a recent letter from attorney Andrew Light requesting the Board review the applicability of the UCR Act to intrastate, non-charter buses.

Following discussion, a MOTION was MADE and SECONDED to exclude interstate passenger carrier’s intrastate school buses from their total vehicle count for UCR purposes.  THE MOTION FAILED.

  • UCR Subcommittee Recommendations

Operations Manager Jon Krueger reported on recommendations for restructuring several UCR subcommittees and answered questions.

 

A MOTION was MADE and SECONDED to accept the recommendations.  THE MOTION CARRIED.

 

Updates Concerning UCR Legislation

No report.

 

Report of Dave Lazarides, DSL Transportation Services, Inc.

Dave Lazarides reported briefly on his recent activities and answered questions.

 

Report of Indiana Department of Revenue

Sandy Bowling provided a brief report and answered questions.

A MOTION was MADE and SECONDED to close the 2016 registration year on December 29 at 5:00 p.m. (local times across the U.S.).  THE MOTION CARRIED.

 

Subcommittee Reports

 

  • Audit Subcommittee

Mike Hoeme reported that 38 out of 41 UCR states are now using the FARs system for audits.

  • Procedures Subcommittee

Adam Anderson reported that the draft UCR Handbook will be reviewed by the Committee in December/January and ready for Board review & approval at the January 30 meeting in New Orleans.

  • Indiana System Subcommittee

Mr. Morris reported that new modifications are being implemented to the registration system by the team in Indiana.

  • Industry Advisory Subcommittee

No report.

  • Revenue and Fees Subcommittee

Mr. Scholz presented a proposed 2018 UCR operating budget, as well as financial outlooks for 2019 and 2020.

A MOTION was MADE and SECONDED to adopt the 2018 budget as presented.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt the 2019 and 2020 financial outlooks for the purpose of calculating annual figures for the reserve fund.  THE MOTION CARRIED.

  • Dispute Resolution Subcommittee

No report.

  • Administrative Fees Subcommittee

No report.

  • Depository Subcommittee

Mr. Scholz reviewed a report on UCR administrative expenses through November 30 and answered questions.

 

Old/New Matters

  • Court ruling on request for injunction

Mr. Gutierrez provided brief status updates about the ongoing court cases involving UCR and answered questions.

  • Petition from Texas Dept. of Motor Vehicles

Mr. Gutierrez reported that he expects to receive a memorandum opinion from UCR legal counsel by the end of January.

  • UCR emails for Board members

Mr. Krueger reported that staff UCR email address are now in effect and that Board members interested in establishing their own UCR email addresses may do so.  Mr. Krueger suggested that he poll the Board by email to determine who is interested.  The Board agreed and instructed that the poll be conducted in early 2018.

 

Future Board Meetings

Mr. Gutierrez reported on dates for upcoming Board meetings.

Teleconferences

  • March 15 at Noon Eastern (teleconference)
  • April 19 at Noon Eastern (teleconference

In person

  • January 28-February 1 (includes travel days; New Orleans)
  • June 2-7 (includes travel days; Ft. Lauderdale)

Adjourn

There being no additional business, Mr. Gutierrez adjourned the meeting at 3:55 p.m. Eastern.