Court Blocks Oklahoma Registration Rules
An Oklahoma district court issued a temporary restraining order blocking new rules that would prohibit trucking companies from using third party agents to establish places of business under the International Registration Plan. ProCert, a transportation consulting firm that offers vehicle registration services, says the rules violate the trucking industry's constitutional rights of freedom of contract, substantive due process, and equal protection.
The rules, which were supposed to be effective February 4, require each registrant to have a physical address in the state where operational records can be made available for audits. If someone other than the registrant signs a lease or rental contract for the facility, an original power of attorney must be provided.
Registrants must also have a person or persons conducting business at that address. Those persons cannot be employees of a licensing agent. There must be a telephone number, located in the structure, which is publicly listed in the registrant's name. It must be the only listing for that number.
Owner-operators are currently excluded from the changes. The Oklahoma Tax Commission has also stressed that the new rules do not prohibit carriers from using registration agents to prepare and file applications and other documents.
Oklahoma tightened its base state requirements after the IRP sanctions, including the potential loss of fees collected by other IRP members. Many other states had complained of the use of third-party addresses.
Oklahoma has also drawn criticism from other states that say its lax auditing procedures enable new registrants to pack first year estimates with mileage in low fee states while shorting high-fee states. After the organization threatened sanctions, Oklahoma adopted an IRP approved system for first-year estimates.
ProCert said that implementation of the new residency rules "promotes no legitimate state interest," and the changes "are the result of an attempt by large, out-of-state commercial interests, who have lobbied the IRP for years to use the IRP to put their small competitors out of business.Ó
More News
Mexico Border: Traffic Will Be Light
Hazmat Security Focus Winds Down, Back To Safety
OOIDA President Speaks On Leasing Regulations
News In Brief
ATA Releases Transportation Reauthorization Positions
