Subchapter C. REGISTRATION CRITERIA

§ 63.31. Owner-operator vehicles.

 (a)  Proportional registration. Owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in one of the following methods:

   (1)  Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator’s name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee. The carrier shall, within 30 days of a transfer, reimburse the lessor for the value of the unused portion of any registration transferred to a newly acquired vehicle when the lease is canceled between the parties if the lessor had been charged for the registration fee by the carrier.

   (2)  Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.

 (b)  Trip permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the Commonwealth shall be subject to the trip permit requirements of this chapter.

   The provisions of this §  63.31 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial pages (127588) to (127589).

 (a)  General. Except as provided in §  63.31 (relating to owner-operator vehicles), for purposes of proportional registration, the long-term lessee-operator of a vehicle is responsible for its registration—that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them. The Pennsylvania credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles. If the lease of a vehicle is terminated, the lessee-operator shall transfer the Pennsylvania registration to another vehicle which replaces it in the fleet. A renewal or series of renewals of a shortterm lease covering the same vehicle shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.

 (b)  Exceptions. If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily-leased vehicle. The temporarily-leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions to which fees have been paid.

 Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:

   (1)  Vehicles based in service representative’s jurisdiction. If the household goods carrier elects the base jurisdiction of the service representative: the vehicles shall be registered in the service representative’s name, and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. Such records shall be kept or made available in the service representative’s base jurisdiction.

   (2)  Vehicles based in carrier’s jurisdiction. If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall 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.

   (3)  Vehicles of owner-operators. Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.

 (a)  Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the content clearly indicates otherwise:

   (1)  Rental owner

   An owner principally engaged in renting rental fleets to others or offering for rental the vehicles of such fleets without drivers.

   (2)  Rental fleet

   Five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.

   (3)  Rental vehicle

   A vehicle of a rental fleet.

   (4)  Renting (or leasing)

   The giving of possession and control of a vehicle for valuable consideration for a specified period of time.

 (b)  Rental vehicles. Rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Pennsylvania to apportion the rental fleets.

   (1)  The operational records of the rental fleet shall be maintained by the rental owner.

   (2)  The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.

 (c)  Tractor, truck-tractor and truck fleet registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Pennsylvania—excluding one-way vehicles—and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Forms Schedule A, Schedule B and Supplement, if needed.

 (d)  Rental passenger cars. Rental owners who rent or lease rental passenger cars for operation in Pennsylvania and one or more other jurisdictions may, in lieu of full registration of each vehicle in this Commonwealth, register the number of passenger cars determined as follows: divide the gross revenue received in the preceding year for rentals of passenger cars operated in this Commonwealth by the total gross revenue received in the preceding year for passenger car rentals in all jurisdictions, and multiply the quotient by the total number of passenger cars in the fleet on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction.

     (i)   Monthly summaries shall be supported by rental settlement contracts.

     (ii)   Yearly earnings shall be supported by the company’s financial statements and copies of Federal and State income tax returns.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Pennsylvania.

 (e)  Trailers and semitrailers in pool fleets. Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Pennsylvania and one or more other jurisdictions may, in lieu of full registration of each vehicle in this Commonwealth, register the number of trailers and semitrailers determined as follows: divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in this Commonwealth by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions, and multiply quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction.

     (i)   Monthly summaries shall be supported by rental settlement contracts.

     (ii)   Yearly earnings shall be supported by the company’s financial statements and copies of Federal and State income tax returns.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in this Commonwealth.

 (f)  Utility trailers. Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, in lieu of full registration of each vehicle in this Commonwealth, register a number of trailers equal to or more than the average number of the trailers rented in or through this Commonwealth during the preceding year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the inventory count and Pennsylvania registrations.

     (i)   Inventory records shall include a count of the vehicles not rented located in each jurisdiction at the time of inventory count; a count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and a listing of registration plate numbers and dates purchased each year.

     (ii)   The registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Pennsylvania registration.

 (g)  One-way fleet vehicles. Rental owners who rent or lease trucks having a registered gross weight of less than 26,000 pounds in more than one member jurisdiction may, in lieu of full registration of each vehicle in this Commonwealth, register the number of trucks determined as follows: in each weight class divide the mileage traveled in this Commonwealth in the preceding year by the total mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Pennsylvania registration.

   The provisions of this §  63.34 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial pages (87684) to (87686).

 (a)  Registration of vehicles added to fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Bureau.

 (b)  Withdrawal and replacement of vehicles from fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:

   (1)  If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Bureau on the appropriate form.

   (2)  If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Bureau will issue a new cab card and transfer the registration to the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.

   (3)  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 will be applied against registration fees which may be payable for additions to the fleet during the same registration year.

   (4)  If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with subsection (a), unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.

 (c)  Increase in registered weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Bureau.

 (d)  Adding jurisdictions. A registrant who has filed an original apportioned registration application for a registration year may expand its operation into or through a jurisdiction not previously included by filing a Schedule F application form which:

   (1)  Describes the new operation.

   (2)  Indicates the estimated miles in the new jurisdictions.

   (3)  Indicates the desired weight in the new jurisdictions.

   The provisions of this §  63.35 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial pages (87686) to (87687).

   This section cited in 67 Pa. Code §  63.51 (relating to Pennsylvania temporary authorization certificates); and 67 Pa. Code §  63.92 (relating to replacement of credentials).