SBTC COMBATS UNREASONABLE
2018 UCR ENFORCEMENT:
As we previously advised, the Small Business in Transportation Coalition (“SBTC”) has been informed by a truck permit company that, as we suspected, 2018 UCR Enforcement has already begun in certain jurisdictions, despite the UCR Board's "recommendation" that enforcement not begin until April 5, 2018, which is 90 days after the opening of the 2018 UCR filing period.
SBTC is calling for all permit companies whose clients are targeted for enforcement before April 5, 2018 to refer such their clients to membership@smalltransportation.org for assistance in disputing the citations. State agencies might also consider directing carriers who are victims of such unreasonable enforcement practices to the SBTC. We are especially interested to learn of drivers who have been arrested and charged under state criminal statutes.
In the interest of defending industry against unreasonable UCR Enforcement, we have begun issuing letters to recipients of citations to be used to get charges dismissed. An example follows:
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Dear Motor Carrier:
Your permitting representative has brought to our attention that you have received a citation on or before April 5, 2018, alleging that you failed to register with 2018 Unified Carrier Registration ("UCR") on or before January 1, 2018.
It appears the officer that issued the ticket is not aware that the filing period for the 2018 UCR program-- that should have opened up under the UCR Agreement on October 1, 2017 --did not actually open --due to Federal Motor Carrier Safety Administration Rulemaking --until January 5, 2018 (see attached final rule). Furthermore, the UCR Board of Directors voted in 2017 (minutes of the meeting are attached for your review) to recommend to the states that they not enforce the 2018 UCR requirement until 90 days from the opening date, which is April 5, 2018.
Please note that we have also attached the January 1st, 2018 enforcement bulletin from the Commercial Vehicle Safety Alliance, which indicates that they have adopted the UCR Board's position on a moratorium on enforcement to afford carriers their usual 90 days to comply and do not intend to enforce 2018 UCR until after the 90 days has passed.
It therefore appear the agency that issued you the citation did so in error.
We therefore recommend that you submit this email to the judge adjudicating the ticket and/or the agency that issued the ticket and ask for this matter to be dismissed in the interest of justice.
Sincerely,
/s/JAMES LAMB, President
Small Business in Transportation Coalition ("SBTC")
The SBTC is a network of transportation professionals, associations, and industry suppliers that is on the front lines when it comes to issues that affect transportation professionals in small business. We seek to promote and protect the interests of small businesses in the transportation industry. We support teamwork, cooperation, transparency, and partnerships among truckers, carriers, brokers, and shippers and seek to promote ethical business practices and do business with the utmost integrity. SBTC is a non-profit corporation based in Washington, D.C. with IRS 501(c)(6) IRS exempt status.
To join the SBTC, visit:
http://www.smalltransportation.org
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