Unified Carrier Registration Agreement
Board of Directors Meeting (#124)
October 26, 2017
Webcast & teleconference
|Avelino Gutierrez (Chair)
|Dave Scholz, Depository Manager
|Jon Krueger, Operations Manager
|Dave Lazarides, Consultant
Welcome, Call to Order & Introductions
Chair Avelino Gutierrez called the meeting to order at 12:02 p.m. Eastern and welcomed attendees. Board members and non-Board members present on the call introduced themselves.
Verification of Meeting Notice
Mr. Gutierrez confirmed that a notice of the October 26 Board meeting was published in the Federal Register on October 17.
Review & Approval of Agenda and Setting of Ground Rules
Mr. Gutierrez asked for any additions or modifications to the agenda. It was suggested that a request from Texas Department of Motor Vehicles be addressed under Old/New Business.
A MOTION was MADE and SECONDED to approve the amended agenda. THE MOTION CARRIED.
Review & Approval of Minutes of the Sept. UCR Board Meeting
Mr. Gutierrez reported that minutes from the September 14 Board meeting were distributed in draft form. He asked for questions and there were none.
A MOTION was MADE and SECONDED to accept the minutes as presented. THE MOTION CARRIED.
FMCSA Rulemaking on 2018 Fees
Daphne Jefferson reported that FMCSA’s process for final rulemaking regarding 2018 UCR registration fee levels is “moving forward” but not yet complete.
Following discussion, a MOTION was MADE and SECONDED to postpone until further notice the start of the 2018 UCR registration year. THE MOTION CARRIED.
A MOTION was MADE and SECONDED for UCR to deliver a recommendations to states that they delay enforcement of the 2018 program until 90 days after the final rulemaking is published. THE MOTION CARRIED.
The Board instructed staff to draft new updates to states and carriers for distribution by the Indiana Department of Revenue [DONE].
Ms. Jefferson reported that she is retiring from FMCSA in early November. Mr. Gutierrez commended Ms. Jefferson’s valued service and support of UCR over the years.
Latest on Request for Injunction
Mr. Gutierrez gave a brief update on the recent court case involving UCR and answered questions.
He reported that minutes from the September 2017 Board meeting are currently posted online at the new UCR website (www.ucrplan.org), as well as the UCR section of the Indiana Department of Revenue website.
UCR 2.0 Request-for-Proposal
Scott Morris reported that his Task Force is finalizing an agreement with RSM to develop a request-for-proposal for the new UCR 2.0 registration system. Mr. Morris provided more updates during the Indiana System Subcommittee report later in the meeting.
Proposed New Policies for Board Adoption
Depository Manager Dave Scholz presented several draft policies for Board consideration.
- A MOTION was MADE and SECONDED to accept the Whistleblower policy as presented, with an effective date of December 1, 2017. THE MOTION CARRIED.
- A MOTION was MADE and SECONDED to accept the Conflict of Interest policy as presented, with an effective date of February 1, 2018. THE MOTION CARRIED.
- Following discussion, a MOTION was MADE and SECONDED to table the Document Retention & Destruction policy until the December Board meeting. THE MOTION CARRIED.
- Following further discussion, a MOTION was MADE and SECONDED to table the Financial Reserve policy indefinitely. THE MOTION CARRIED.
Operations Manager Jon Krueger reported that UCR’s new temporary website launched in late October and that progress toward launching the final website in December is still on track.
Updates concerning UCR Legislation
There were no updates.
Report of Dave Lazarides, DSL Transportation Services, Inc.
Dave Lazarides reported on his latest activities, including the latest FARs report, updates for state administrators on the Indiana website and the memo of understanding with FMCSA to obtain UCR data, as was previously approved by the Board.
Chair Mike Hoeme reported that he will use as guidance the UCR subcommittee roles & responsibilities report, distributed by staff, moving forward.
Chair Adam Anderson reviewed updated registration forms for the 2018 UCR year. Several edits were suggested and implemented.
Following discussion, a MOTION was MADE and SECONDED to accept the amended registrations forms pending the final rulemaking for 2018 fees from FMCSA. THE MOTION CARRIED.
Mr. Anderson reported that he would share final versions with staff in order to complete formatting and incorporate the UCR logo [DONE].
Mr. Anderson asked Bob Pitcher for an update on the UCR FAQ/Handbook, and Mr. Pitcher reported it will likely be ready for Board review and approval by the end of the year.
Indiana System Subcommittee
Chair Scott Morris, with assistance from Mr. Lazarides and Mr. Scholz, reviewed a report from the RFP Task Force on five key questions related to functionality and features for the new UCR 2.0 registration system:
A MOTION was MADE and SECONDED for the RFP to call for the new registration system to only accept online forms and discontinue acceptance of paper/hard copy forms. THE MOTION CARRIED.
The Board agreed to defer until the November Board meeting further discussion on whether the RFP will call for the new registration system to be the sole UCR-accepted system, thereby eliminating the need for individual state systems.
A MOTION was MADE and SECONDED for the RFP to not include development of a new Depository portal or section, thereby making it necessary for the Depository to be handled separately moving forward. THE MOTION CARRIED.
Single UCR Enforcement Website
A MOTION was MADE and SECONDED for the RFP to include the development of an authoritative, single source UCR registration and enforcement website. THE MOTION CARRIED.
Customer Service Support
A MOTION was MADE and SECONDED for the RFP to include customer service support as an optional, added service from potential vendors. THE MOTION CARRIED.
Indiana Department of Revenue
Chair Sandy Bowling reported on recent activities and customer service metrics at IDOR and answered questions.
Industry Advisory Subcommittee
Chair Bob Pitcher reported that the a notification about the latest delay to the start of the 2018 registration year will be included in the next American Trucking Association e-newsletter.
Revenue and Fees Subcommittee
Chair Larry Herold, with assistance from Mr. Morris, reported that the Board will be asked at its December 2017 meeting to consider an adjustment to the already-proposed carrier fee levels for 2019-2020.
Dispute Resolution Subcommittee
Chair Tina Thurman reported that her subcommittee continues to develop state performance standards by which peer reviews will be executed.
Administrative Fees Subcommittee
Chair Elizabeth Leaman reported on several completed management transition items, including Board meeting logistics and Concur expense approvals now being handled by the Kellen staff.
Mr. Scholz reviewed a report on administrative expenses and answered questions.
Chair Scott Morris reviewed a proposed engagement letter with Jackson Thornton to handle any outside accounting services required by UCR. A MOTION was MADE and SECONDED to authorize Mr. Morris or Mr. Gutierrez to execute the engagement letter. THE MOTION CARRIED.
Mr. Gutierrez welcomed Andrew Light, partner with an Indiana-based law firm, to the call. Mr. Light reviewed a letter he recently sent to the UCR Board concerning how the UCR Act applies to intrastate non-charter bus operations.
Following discussion, Mr. Gutierrez instructed staff to place this issue under Critical Issues for the upcoming November Board conference call for further discussion. Mr. Hoeme agreed to research the financial impact of non-charter buses on the program.
Mr. Gutierrez welcomed Whitney Brewster, executive director of the Texas Department of Motor Vehicles, to the call. Ms. Brewster reviewed a letter her organization recently sent to the Board alleging that Texas is owed unpaid fees as part of the UCR program.
Following discussion, Mr. Gutierrez appointed a Task Force to investigate the matter further. Serving on the Task Force are Mr. Gutierrez, Larry Herold, Bob Pitcher and Scott Morris.
Future Board Meetings
- November 30 at Noon Eastern (teleconference)
- March 15 at Noon Eastern (teleconference)
- April 19 at Noon Eastern (teleconference)
- December 14 (Kellen office, Atlanta)
- January 28-February 1 (includes travel days; New Orleans)
- June 2-7 (includes travel days; Ft. Lauderdale)
There being no additional business, Mr. Gutierrez adjourned the meeting at 4:44 p.m. Eastern.