C-24.2, r. 24 - Regulation respecting reciprocal commercial vehicle registration agreements between the Gouvernement du Québec and the Canadian provinces and territories, and certain American States

Schedule Disposition versions

2012-09-01

SCHEDULE 32

RECIPROCAL VEHICLE REGISTRATION AGREEMENT

QUÉBEC

AND

STATE OF ARIZONA

I. Purpose and principle

(A) It is the purpose of this agreement to maximize uniformity for registrants and the party jurisdictions by employing the terms of the International Registration Plan to the extent possible under a bilateral agreement.

(B) The purpose of this agreement is to allow properly registered vehicles of each jurisdiction to operate interstate and intrastate in the other jurisdiction so long as such vehicles has met all other requirements imposed by law.

(C) It is the purpose of this agreement to provide a system of vehicle registration reciprocity through such means as is consistent with each jurisdiction’s laws and each jurisdiction’s needs. The State of Arizona will require certain classes of commercial vehicles from Québec to proportionally register with the State of Arizona. Québec will grant reciprocity to vehicles from the State of Arizona though Québec may at any time initiate in writing to the State of Arizona that certain commercial vehicles must proportionally register with Québec.

II. Definitions applicable to this agreement

(A) “Apportionable fee” means any periodic recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license or weight fees.

(B) “Apportionable vehicle” means any motor vehicle used for the transportation of passengers or property for compensation or in the business of a non-resident, or for the transportation of property, or in the case of a passenger-carrying motor vehicle designed to seat 12 of more persons used in the furtherance of a commercial enterprise, unless such vehicle is otherwise exempt by jurisdictional law.

(C.1) “Base jurisdiction” means for purposes of this agreement, the jurisdiction issuing the apportioned registration.

(C.2) Household Goods Carriers using equipment leased from service representatives may elect, with respect to such equipment, to base such equipment in the Base Jurisdiction of the service representative, or that of the carrier.

For equipment owned and operated by owner-operators, other than service representatives, and used exclusively to transport cargo for the household goods carrier, the equipment shall be registered by the carrier in the Base Jurisdiction of the carrier, but in both the owner-operator’s name and that of the carrier as lessee, with the apportionment of fees according to the records of the carrier.

(D) “Commissioner” means the jurisdiction official in charge of registration of vehicles.

(E) “Fleet” means 1 or more apportionable vehicles.

(F) “In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year.

(G) “Interstate” means vehicle movement between or through 2 or more jurisdictions.

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

(I) “Jurisdiction” means a state, territory or possession of the United States, the District of Columbia, or a state or province of a country.

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

(K) “Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a for hire carrier pursuant to ICC regulations (49 CFR 1057) or similar regulations of a jurisdiction’s regulatory body.

(L) “Preceding year” means the period of 12 consecutive months immediately prior to July 1st of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought.

(M) “Reciprocity” means that an apportionable vehicle properly registered hereunder shall be exempt from further registration.

(N) “Registrant” means a person, firm or corporation in whose name or names a vehicle is properly registered.

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

III. Fees for proportional registration

(A) The registration fee for apportionable vehicles shall be determined as follows:

(1) Divide the in-jurisdiction miles by total miles generated during the preceding year.

(2) Determine the total fees required under the laws of each jurisdiction for full registration of each vehicle at the regular annual or applicable fees, or for the unexpired portion of the registration year.

(3) Multiply the sum obtained under Paragraph 2 of this section by the quotient obtained under Paragraph 1 of this section.

(B) This agreement does not waive any fees or taxes charged or levied in connection with the ownership or operation of vehicles other than the apportionable fees as defined herein. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws thereof.

IV. Application for proportional registration

(A) An applicant for proportional registration shall file an application with the Commissioner in lieu of registration under other applicable statutes.

(B) Applications for proportional registration shall be filed on a date as determined by the Commissioner. Every application for proportional registration shall, at the time and in the manner required by the Commissioner, be supported by the payment of the registration fees in the amount determined in Article III, provided, however, the Commissioner may, by regulation, postpone payment of fees until after the Commissioner has computed the fees due.

(C.1) The application shall contain the number of power units, with such vehicle description as may be required by the Commissioner and a uniform mileage schedule.

(C.2) The Commissioner, after receiving its proportionate fees shall supply any necessary identification plates and prepare cab cards, listing on the front of the cab card the weight for which registered and other necessary information.

(C.3) All plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid.

(D) In those cases where Household Goods Carrier equipment is elected to be registered in the base jurisdiction of the service representative, the equipment shall be registered in said service representative’s name and that of the carrier as lessee with the apportionment of fees according to the combined records of the service representative and those of the carrier, and such records must be kept or made available in the service representative’s base jurisdiction.

If the election is the base jurisdiction of the carrier, the equipment shall be registered by and in the name of the carrier and that of the service representative as lessor with the apportionment of fees according to the records of the carrier and the service representative which must include intrastate miles operated by those vehicle applicable under this agreement, and the records must be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.

V. Registration of apportionable vehicles

(A) The Commissioner shall register apportionable vehicles upon application and payment of the registration fees as provided in Articles III and IV. Payment of additional fees for each vehicle so registered may be required by the Commissioner in an amount provided by statute or regulation for issuance of a plate. A registration card shall be issued for each vehicle registered by the Commissioner and the card shall appropriately identify the vehicle for which it is issued, the weight and classification of fee for which registered according to the application and payment furnished by the applicant. Such registration card shall be carried in or upon the vehicle, for which it has been issued, at all times.

(B) Vehicles registered as provided in Section A of this Article shall be deemed fully registered for interstate and intrastate operation provided the registrant has proper authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.

(C) There shall be no minimum vehicle fees for any apportionable vehicle, except those statutory fees for issuance of identifications or filing of applications.

(D) The apportionment of motor bus registration fees shall be based solely on the relationship of base jurisdiction miles versus total miles operated and shall be accomplished in one of the following manners:

(1) The registrant may file an application for apportionment with the base jurisdiction listing buses assigned in pools.

(a) At the option of the registrant, total miles may be the sum of all actual in-jurisdiction miles or a sum equal to the scheduled route miles per jurisdiction from the farthest point of origination to the farthest point of destination of the scheduled pool;

(b) After determining the total miles by either of the aforementioned methods, in-jurisdiction mileage percent factors shall be derived by dividing the total miles into the in-jurisdiction miles.

(2) The registrant may register the motor bus in the same manner as for any other apportionable vehicle.

VI. Registration of additional fleet vehicles

(A) Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the mileage percentage used in the original application for such fleet for such registration period to the regular registration fees due with respect to such vehicles for the remainder of the registration year.

(B) All applications for additional fleet vehicles shall be filed and processed in the same manner as the original application.

VII. Withdrawal of fleet vehicles, credits, replacement vehicles and accounting

(A) If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant of such fleet shall so notify the Commissioner on appropriate forms provided by the Commissioner. The Commissioner shall require the registrant to surrender the cab card and identification plates with respect to any such vehicle. 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 unused portion of the fees paid with respect to such vehicle, shall be refunded or be applied against liability of such registrant for subsequent additions to such fleet during such registration year or for additional fees upon audit.

(B) If the registrant is replacing a vehicle for one withdrawn from the fleet and such vehicle is of the same weight category as that replaced, the registrant shall file a supplemental application with the Commissioner. The Commissioner shall, in accordance with provisions in Article VI.B., issue a new cab card. When a replacement vehicle is of a greater weight or requires a larger registration fee, the registrant shall file the re-registration with the Commissioner in the manner set forth in Article VI for the registration of additional fleet vehicles.

VIII. New operations

Initial application for proportional registration shall state the mileage date in all jurisdictions for the preceding year with respect to such vehicle or vehicles. If no operations were conducted with such vehicle or vehicles during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each of the jurisdictions. The registrant shall determine the in-jurisdiction and total mileage to be used in computing the proportional registration fee for the vehicle or vehicles. The Commissioner may adjust the estimate in the application if the Commissioner is not satisfied with its correctness.

(IX) Registration of owner-operator vehicles

(A) Proportional registration for owner-operators who lease their vehicles to motor carriers may be accomplished in one of the following procedures:

(1) The owner-operator (lessor) may be the registrant and the vehicle may be registered in the name of such owner-operator. The allocation of fees shall be according to the operational records of such owner-operator. The identification plates and cab card shall be the property of the lessor; or

(2) The lessee may be the registrant at the option of the lessor and the vehicle may be registered by the carrier, but in both the owner-operator’s name and that of the carrier as lessee, with the allocation of fees according to the records of the carrier. The identification plates and cab card shall be the property of the lessee. Should an owner-operator, registered pursuant to this section, leave the fleet of the lessee, the lessee may proceed in accordance with Article VII.

(3) If an owner-operator desires to register under the provisions of this Article, The Commissioner shall register the vehicle provided the registrant furnishes a street address and telephone number and such other information as the Commissioner may require, to satisfy the Commissioner that the owner-operator can be located for purposes of audit.

(B) Vehicles of owner-operators that are not proportionally registered or not fully registered, shall be subject to trip permit requirements.

X. Trip leasing

The lessee, except as provided for service representatives in Article II.C.2., is responsible for the proper registration of the vehicle. Except that an apportioned operator may lease equipment to another apportioned fleet operator and the lessor shall be responsible for reporting on the proportional application the miles traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement. The leased vehicle must bear proportional credentials or a trip permit will be required. The service representative in Article II.C.2. shall have the same responsibility for qualifying his vehicles.

XI. Preservation of records and audit

(A) Any registrant whose application for proportional registration has been accepted shall preserve the records on which it is based for a period of the three preceding years. Such records shall be made available to the Commissioner at his request for audit as to accuracy of computation, payments, and assessments for deficiencies or allowances for credits, during the normal business hours of the day.

(B) If any registrant fails to make records available to the Commissioner upon proper request or if any registrant fails to maintain records from which his true liability may be determined, the Commissioner may, 30 days after written demand for an availability of records or notification of insufficient records, impose an assessment of liability based on the Commissioner’s estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the Commissioner at his own instance, information available to the Commissioner concerning operations by similar registrants and such other pertinent information as may be available to the Commissioner.

XII. Audits

The Commissioner may audit the registrants as to authenticity of mileage figures derived from operational records and registrations and at such time and frequency as determined by the Commissioner.

XIII. Assessment claims under audit

(A) Upon audit, the Commissioner shall assess for any deficiency found to be due. No assessment for deficiency or claim for credit may be made for any period for which records are no longer required.

(B) Assessments based on audit, interest on assessments, refunds, or credits or any other amounts including auditor’s per diem and travel shall be made in accordance with the statute of each jurisdiction involved with the audit of a registrant.

XIV. Effective date and termination

This agreement shall come into force on the date agreed upon by the parties, in conformity with their administrative requirements, and shall be terminated upon thirty (30) days’ written notice by one party to the other.

Signed at Phoenix, Arizona, this 27th day of March 1987.

Signed at Québec this 20th day of February 1987.

In duplicate in the English and French languages, each text being equally authentic.

STATE OF ARIZONA

LEE A. PRINS,

Division Director

Motor Vehicle Division

JERRY WARD,

Deputy Division Director

Motor Vehicle Division

QUÉBEC

MARC-YVAN CÔTÉ,

Minister of Transport

GIL RÉMILLARD,

Minister of International

Relations

O.C. 1429-87, s. 2.