SBTC Blows Whistle on Unlawful Imposition of UCR Fees on INTRAstate Carriers by UCR Plan Board; Files Abuse Report with the USDOT Inspector General

WATCHDOG ALERT:

SBTC Reports UCR Board to Inspector General for Unlawfully Collecting UCR Fees from INTRAstate Carriers

From: "James Lamb" <james@truckers.com>

Date: Fri, Jun 21, 2019 8:17 am

To: elizabeth.leaman@state.ma.us

Cc: laurence.socci@gmail.com, Avelino.Gutierrez@state.nm.us, calvin.scovel@oig.dot.gov, scott.v.harding@oig.dot.gov, raymond.martinez@dot.gov, elaine.chao@dot.gov, toby@seikosoft.com, "cyoungs@bopplaw.com" <cyoungs@bopplaw.com>, "anarog@bopplaw.com" <anarog@bopplaw.com>, "sbowling@dor.in.gov" <sbowling@dor.in.gov>

Subject: Notice the UCR Board through its tech vendor Seiko Soft is unlawfully collecting UCR from INTRAstate carriers

The SBTC has learned through independent Investigation that the UCR Plan has been collecting UCR fees via its website UCR.gov since Oct. 1, 2018, from intrastate carriers, which, as you know, transcends the Board's lawful authority to impose fees on carriers involved in interstate commerce under the UCR Act (49 United States Code (USC) Section 14504a).

Please note the UCR Agreement published on the Board's website at https://plan.ucr.gov/wp-content/uploads/2017/12/Proposed-changes-to-UCR-Agreement-Updated.pdf holds:

2. APPLICABILITY OF THE PROVISIONS OF THE UCR AGREEMENT

The UCR Agreement will apply to the following types of operations of passenger and property transportation in interstate commerce:

(1) Motor carrier;

(2) Motor private carrier of property;

(3) Freight forwarder;

(4) Broker; and

(5) Leasing company.

Apparently, under the current Seiko Soft platform, although the system pulls data from USDOT systems, which includes whether a carrier has registered as an interstate or intrastate carrier, you are not using this information to proactively block intrastate carriers from mistakenly paying when they confine their operations to transportation point-to-point within their state. My understanding is the previous INDOR platform did block intrastate carriers to avoid the unlawful imposition on intrastate carriers and the need to deal with excessive refunds (UCR Board member Sandy Bowling from INDOR is copied here for her information).

This appears to be an unlawful and unethical state revenue enhancement scheme to unjustly enrich the states. Upon taking the role of new Chair of the UCR Board, we would like you to please explain to the SBTC and our attorneys copied here why the Board is imposing fees on intrastate carriers outside the scope of its legitimate authority and jurisdiction; and, by copy of this email, we are asking the Inspector General to please audit the UCR program insofar as the states are being unjustly enriched because the UCR Board and the states are accepting and keeping these payments until and unless the carriers request a refund. We are also hearing reports that carriers are getting the "runaround" when they realize they are entitled to a refund and attempt to request same in that the Board's representatives direct them to call the states for a refund and the states, in turn, direct them to contact the Board.

We can furnish exact USDOT numbers if you would like more information as evidence of this problem but Seiko Soft should be able to acknowledge through testing that we are indeed correct.

Please advise what, if anything, the Board intends to do to correct this abuse of intrastate carriers.

The FMCSA Administrator and Secretary are copied here for their information.

Absent a firm commitment from you to acknowledge and stop this practice and ensure all intrastate carriers are properly refunded retroactive to Oct. 1st, 2018, the SBTC reserves the right to seek court intervention to stop this unlawful practice and remedy this situation so these carriers are made whole.

Sincerely,

/s/ JAMES LAMB,

SBTC President

The UCR Board Under the Spotlight:

Who is on the UCR Board?

Avelino Guiterrez

(Chair)

Avelino.Gutierrez@state.nm.us

New Mexico Public Regulation Commission

Robert Pitcher

(Vice Chair)

rpitcher1040@gmail.com