OOIDA opposes UCR fee proposal

Although FMCSA proposed reduced Unified Carrier Registration fees for 2023, the Owner-Operator Independent Drivers Association says the reductions don’t go far enough.

In January, FMCSA issued a notice of proposed rulemaking that would reduce UCR fees from 2022 by about 27%. On Feb. 23, OOIDA filed formal comments in opposition of the proposed fees.

“OOIDA hereby requests that FMCSA reject the 2023 fee structure recommended by the UCR Board and suspend the current, continued 2022 application of the 2020 fee structure as contrary to the UCR statute and the Administrative Procedures Act,” the Association wrote.

OOIDA said the proposed fee violates the UCR statute, because it does not apply the full $42 million in excess fee revenue the board has accumulated over the past several years. In addition, OOIDA said the proposal also violates the statute, because it recommends applying the surplus revenue from 2021 to the 2023 fees instead of to 2022.

“The UCR Board’s failure to apply its accumulating surpluses to reduce the UCR fees each year since 2020 means that the fees collected in 2020 did not, and the fees being collected today for 2022 do not, comply with the UCR statute and are too high,” OOIDA wrote. “FMCSA must suspend the continued imposition of the 2020 fee structure as contrary to law to stop the ongoing imposition of unlawfully high fees.”

The UCR is an annual permit that most motor carriers must pay if they have an active U.S. DOT number regardless of whether they are using that U.S. DOT number or not and it is marked interstate.

The proposed UCR fees for 2023:

UCR fees for 2022:

OOIDA is calling on FMCSA to use its authority to make sure the fees are administered lawfully.

“The UCR is a state revenue-generating vestige of a prior era,” OOIDA wrote. “It had a dubious public policy purpose when it was enacted, and it makes even less sense now. But recognizing that it is mandated by Congress, OOIDA asks FMCSA to exercise its authority to ensure that the burdens of the UCR Plan do not fall unfairly, and unlawfully, upon small business motor carriers.

“As a representative of industry on the UCR Plan Board, OOIDA assumes its duty to represent its members’ interests to observe, participate and take action to ensure that the UCR Plan is administered fairly and lawfully. We have attempted to raise these issues within the board, but to no avail. That is why we bring these issues to the FMCSA’s attention. But we are committed to continuing to participate on the Board in a constructive way. OOIDA stands ready to help FMCSA and the Board in any way possible to resolve these important issues so that they no longer unreasonably and unlawfully burden OOIDA members and all UCR fee payers.”

OOIDA’s complete comments can be found here. LL