29-250-162 Me. Code R. § 11

Current through 2024-51, December 18, 2024
Section 250-162-11 - APPLICATIONS FOR APPORTIONED REGISTRATION (IRP Plan, Article III)
1. Determining the Applicant's Base Jurisdiction (Article III §305, §310)
A. An applicant may elect Maine as its base jurisdiction when:
(1) the applicant has an established place of business (see Section 1 - Definitions) in Maine as evidenced by the fact that:
(a) the applicant owns or leases a physical structure in Maine and specifies the actual street address of the structure, and
(b) the physical structure is open for business and staffed during regular business hours by one or more permanent employees, under the employ of the applicant, who are charged with the general management of the applicant's truck-related business, and
(2) the fleet the applicant seeks to register under the Plan accrues distance in Maine, and
(3) the operational records of the fleet are maintained or can be made available in Maine.
B. An applicant that does not have an established place of business in Maine may designate Maine as its base jurisdiction when:
(1) the applicant can demonstrate residence in Maine, and
(2) the fleet the applicant seeks to register under the Plan accrues distance in Maine, and
(3) the operational records of the fleet are maintained or can be made available in Maine.
C. To establish residence in Maine, an applicant must demonstrate to the satisfaction of the IRP Administrator at least three of the following:
(1) if the applicant is an individual, that his or her driver's license is issued by Maine,
(2) if the applicant is a corporation, that it is incorporated or registered to conduct business as a foreign corporation in Maine,
(3) if the applicant is a corporation, that the principal owner is a resident of Maine,
(4) that the applicant's federal income tax returns have been filed from an address in Maine,
(5) that the applicant has paid personal income taxes to Maine,
(6) that the applicant has paid real estate or personal property taxes to Maine,
(7) that the applicant receives utility bills in Maine in its name,
(8) that the applicant has a vehicle titled in Maine in its name, or
(9) that other factors clearly evidence the applicant's legal residence in Maine.
D. The Bureau may refuse to register any applicant that does not have an established place of business in Maine and cannot demonstrate residence in Maine.
E. If more than one member jurisdiction could qualify as a base jurisdiction for an applicant, the applicant may choose which member jurisdiction(s) it will apply to for apportioned registration under the Plan.
F. All three criteria for electing a base jurisdiction must be met in order for a member jurisdiction to qualify as a base jurisdiction.
G. The Plan offers residence as an alternative criterion to established place of business only for those applicants who cannot demonstrate that they meet the established place of business requirement.
H. Each individual vehicle of a fleet need not enter Maine so long as the fleet as a whole accrues distance in Maine.
I. An applicant whose established place of business is in a jurisdiction that is not a member jurisdiction may base in Maine if the applicant expects to accrue more distance in Maine than any other member jurisdiction.
(1) The registrant may continue to base in Maine until such time as the jurisdiction in which the registrant has an established place of business becomes a member jurisdiction.
(2) Maine may reject any such application for cause.
2. IRP Forms
A. The official IRP application forms (uniform application) are designed and occasionally updated to comply with IRP and PRISM requirements.
B. Information gathered on the forms is required by the State of Maine and other member jurisdictions to properly register vehicles in the IRP.
C. The applicant must complete a Maine IRP Schedule A (New Account Application) when first applying for an apportioned registration. Upon renewal, the applicant also must complete a Maine IRP Schedule B (Mileage Schedule).
D. The Maine IRP Schedule C (Application For Changes) is required when vehicles are added or deleted subsequent to the initial registration.
E. Status changes for multiple vehicles from different fleets require separate Maine IRP Schedule C forms for each fleet.
3. Signatures
A. Except as otherwise provided, all IRP schedules must be signed.
B. Anyone signing an IRP application must also disclose their position title in which is vested the authority to sign the application.
C. If an applicant is an individual, the application must be signed by the applicant.
D. If the applicant is a corporation, the application must be signed by a corporate officer or an employee duly authorized to act in an administrative capacity on behalf of the corporation.
E. Notwithstanding, the above, an authorized agent exercising power of attorney may sign on behalf of an applicant. The copy of the document authorizing the power of attorney must be on file with the Bureau.

29-250 C.M.R. ch. 162, § 11