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 30

AGREEMENT

BETWEEN

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE STATE OF MONTANA

RESPECTING COMMERCIAL VEHICLE REGISTRATION

THE GOUVERNEMENT DU QUÉBEC

hereinafter referred to as Québec,

AND

THE GOVERNEMENT OF THE STATE OF MONTANA,

hereinafter referred to as Montana,

The 2 governments being also hereinafter referred to as the party jurisdictions,

WISHING to allow properly registered commercial vehicles of each party jurisdiction to operate in the other party jurisdiction so long as such commercial vehicles have met all requirements imposed by law;

SEEKING to provide a system of commercial vehicle registration through such means as is consistent with each party jurisdiction’s laws and needs;

RECOGNIZING the need 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;

AGREE TO THE FOLLOWING:

ARTICLE 1

DEFINITIONS

For the purposes of this agreement:

“administrator” means the party jurisdiction official in charge of registration of commercial vehicles.

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

“base jurisdiction” means the party jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleet are maintained or are available.

“commercial vehicle” means a bus, truck, truck-tractor, road tractor, trailer, semitrailer or a combination thereof having a gross vehicle weight of 26,000 lbs (11,794 kg) or more used for the transportation of persons or property for-hire, compensation, profit or in furtherance of a commercial enterprise.

“fleet” means one or more commercial vehicles.

“in-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered commercial vehicles in a party jurisdiction during the preceding year.

“inter-jurisdictional transportation” means transportation between 2 or more jurisdictions or transporation originating in one jurisdiction and passing through one or more jurisdictions for delivery in another jurisdiction.

“intra-jurisdictional transportation” means transportation originating at any point or place within a jurisdiction and destined to any other point or place within the same jurisdiction, regardless of the itinerary or highway followed.

“jurisdiction” means a state, territory or possession of the United States, the District of Columbia, or a state or province of a country.

“operational records” means documents supporting miles travelled in each jurisdiction and total miles travelled, such as, but not limited to fuel reports, trip sheets and logs.

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

“registrant” means a person, firm or corporation in whose name or names a commercial vehicle is properly registered.

“semitrailer” means a non-motorized commercial vehicle with a loading space and that is maintained in a horizontal position by the commercial vehicle towing it.

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

“trailer” means a non-motorized commercial vehicle with a loading space and that can maintain itself in a horizontal position.

ARTICLE 2

PURPOSE AND SCOPE

2.1 A commercial vehicle properly registered and displaying a license plate issued by Montana is exempt from vehicle registration and license plate requirements in Québec for inter-jurisdictional transportation operations in Québec. Although Québec may at any time initiate in writing to the State of Montana that certain commercial vehicles must proportionally register with Québec.

2.2 A commercial vehicle properly registered and displaying a license plate issued by Montana is subject to vehicle registration and license plate requirements in Québec for intra-jurisdictional transportation operations within Montana.

2.3 A commercial vehicle properly registered and displaying a license plate issued by Québec is subject to vehicle proportional and license plate requirements as provided in this agreement for inter-jurisdictional and intra-jurisdictional transportation operations in Montana.

2.4 A commercial vehicle that is not fully or proportionally registered is subject to trip permit requirements.

ARTICLE 3

APPLICATION FOR PROPORTIONAL REGISTRATION

3.1 An applicant for proportional registration shall file an application with the administrator in lieu of registration under other applicable statutes.

Québec commercial vehicle operators must file an application with the Montana Department of Transportation, Motor Carrier Services Division, P.O. Box 4639, Helena, MT59604-4639.

Montana commercial vehicles must be properly registered and display a license plate issued by Montana.

3.2 An application for proportional registration shall be filed on a date as determined by the administrator.

This application shall, at the time and in the manner required by the administrator, be supported by the payment of the registration fees in the amount determined in Article 4 of this agreement.

3.3 The application shall contain the number of power units, with such commercial vehicle description and uniform mileage schedule as may be required by the administrator.

3.4 After receiving its proportionate fees, the administrator shall supply any necessary identification plates and prepare registration cards, listing on the front of the registration cards the weight for which registered and other necessary information.

In the case of buses and other commercial vehicles that are not charged according to a GVW weight, “Qual” or “Unldn” will be sufficient.

3.5 Identification plates and registration cards are subject to cancellation and revocation in the event of erroneous issuance or if any fees remain unpaid.

3.6 Fees must be paid within thirty (30) days following the date of the billing notice or a ten (10) percent penalty may be assessed to the total bill.

If payment is not received within thirty (30) days following the date of the second billing notice, the entire account will be cancelled.

3.7 Operational records must be maintained by the registrant and shall be available upon request by the administrator.

ARTICLE 4

FEES FOR PROPORTIONAL REGISTRATION

4.1. The registration fee for proportional registration shall be determined as follows:

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

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

(C) Multiply the sum obtained under paragraph B. of this Section by the quotient obtained under paragraph A. of this Section.

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

ARTICLE 5

REGISTRATION OF COMMERCIAL VEHICLES

5.1 The administrator shall register commercial vehicles upon application and payment of the registration fees as provided in Articles 3 and 4. Payment of additional fees for each commercial vehicle so registered may be required by the administrator in an amount provided by statute or regulation for issuance of a plate.

A registration card shall be issued for each commercial vehicle registered by the administrator and the card shall appropriately identify the commercial 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 at all times in or upon the commercial vehicle for which it has been issued.

5.2 Commercial vehicles registered as provided in Section 5.1 of this Article shall be deemed fully registered for inter-jurisdictional and intra-jurisdictional transportation operations provided the registrant has proper authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.

5.3 There shall be no minimum vehicle fees for any commercial vehicle, except for statutory fees or fees for issuance of identification or filing of applications.

ARTICLE 6

REGISTRATION OF ADDITIONAL FLEET COMMERCIAL VEHICLES

6.1 Commercial 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 commercial vehicles for the remainder of the registration year.

6.2 Applications for additional fleet commercial vehicles shall be filed and processed in the same manner as the original application.

ARTICLE 7

REGISTRATION OF LEASED COMMERCIAL VEHICLES

7.1 Proportional registration for leased commercial vehicles may be accomplished in one of the following procedures:

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

(B) The lessee may be the registrant at the option of the owner (lessor) and the commercial vehicle may be registered by the carrier, but in both the owner’s (lessor) name and that of the carrier as lessee, with the allocation of fees according to the records of the carrier (lessee). The identification plates and registration card shall be the property of the lessee. Should an owner, registered pursuant to this Section, leave the fleet of the lessee, the lessee may proceed in accordance with Article 9.

ARTICLE 9

NEW OPERATIONS

8.1 Initial application for proportional registration shall state the mileage data in all jurisdictions for the preceding year with respect to such commercial vehicle. If no operations were conducted with such commercial vehicle 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.

8.2 The registrant shall determine the in-jurisdiction and total mileage to be used in computing the proportional registration fee for the commercial vehicle.

8.3 The administrator may adjust the estimate in the application if the administrator is not satisfied with its correctness.

ARTICLE 9

WITHDRAWAL OF FLEET COMMERCIAL VEHICLES, CREDITS, REFUNDS, REPLACEMENT COMMERCIAL VEHICLES AND ACCOUNTING

9.1 If the registrant is replacing a commercial vehicle for one withdrawn from the fleet on the same supplement and such commercial vehicle is of the same like vehicle category as that replaced, the registrant shall file a supplemental application with the administrator. The administrator shall, in accordance with the provisions of Section 6.2, issue a new registration card.

When a replacement commercial vehicle is of a greater weight or requires a larger registration fee, the registrant shall file a new registration with the administrator in the manner set forth in Article 6 for the registration of additional fleet commercial vehicles.

9.2 If an account becomes delinquent, a letter will be sent to the carrier and the base jurisdiction.

This agreement is established to assure that all means legally allowed shall be utilized to collect the past due amount.

ARTICLE 10

PRESERVATION OF RECORDS AND AUDIT

10.1 A registrant whose application for proportional registration has been accepted shall preserve the records on which it is based for a period of the 3 preceding years plus the current year.

Such records shall be made available to the administrator 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.

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

ARTICLE 11

AUDITS

The administrator 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 administrator.

ARTICLE 12

ASSESSMENT CLAIMS UNDER AUDIT

12.1 Upon audit, the administrator shall assess for any deficiency found to be due. No assessment for deficiency or claim for refund may be made for any period for which records are no longer required.

12.2 Assessment based on audit, interest on assessments, refunds, or any other amounts including auditor’s per diem and travel expenses shall be made in accordance with the statutes of each jurisdiction involved with the audit of a registrant.

ARTICLE 13

ADMINISTRATION

13.1 The Société de l’assurance automobile du Québec and the Department of Transportation of Montana are the administrators of this agreement and, in this capacity, undertake to develop the forms and procedures necessary to administer this agreement.

13.2 Each administrator shall provide the other with any information or documents necessary to facilitate the administration of this agreement. Such information shall include notification of any legislative or regulatory changes which may affect the terms of this agreement.

13.3 The provisions of this agreement shall remain in force, with appropriate changes, when any amendment to the laws or regulations of either party jurisdiction does not substantially affect these provisions.

ARTICLE 14

MISCELLANEOUS PROVISIONS

14.1 This agreement replaces any previous agreement entered into by the party jurisdictions regarding a matter referred to in this agreement.

This agreement shall not affect any other agreement signed between one of the party jurisdictions and a non-signatory party to this agreement.

14.2 This agreement does not invalidate any provision of a law or regulation in force within the territory of either party jurisdiction regarding a matter referred to in this agreement.

14.3 Either party jurisdiction may withdraw from this agreement by written notice to the other party.

Such withdrawal shall take effect on the thirtieth (30th) day following the mailing date of such notice or any subsequent date agreed upon between the party jurisdictions.

If the agreement is terminated within a registration year in which renewal billings have been mailed, the agreement will remain in effect until the expiration of the current registration year or upon the approval of both party jurisdictions, whichever is first.

14.4 The provisions of this agreement shall come into force on a date agreed upon by the party jurisdictions, after the required internal formalities are completed.

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

Signed at Québec

this 11 day of December 1997.

FOR THE GOUVERNEMENT

DU QUÉBEC

Art. 629 et 631 L.R.Q., c. C-24.2

Ministre des Transports

Art. 20 et 24 L.R.Q., c. M-21.1

Ministre des Relations internationales

_________________________________

Président-directeur général de la Société

de l’assurance automobile du Québec

Signed at Helena MT

this 16 day of May 1997

OF THE STATE

OF MONTANA

_________________________________

Administrator

O.C. 790-86, s. 1; O.C. 1722-97, s. 1.