§ 31-6.1-1 Agreement enacted. – The Bus Taxation Proration Agreement is enacted into law and entered into withall jurisdictions legally joining in the form substantially as follows:
Article I. Purposes and Principles
(a) Purposes of agreement. It is the purpose of thisagreement to set up a system by which any contracting state may permit ownersof fleets of buses operating in two or more states to prorate the registrationof the buses in such fleets in each state in which the fleets operate on thebasis of the proportion of miles operated within such state to total fleetmiles, as defined in this agreement.
(b) Principle of proration of registration. It isdeclared that in making this agreement the contracting states adhere to theprinciple that each state should have the freedom to develop the kind ofhighway user tax structure that it determines to be most appropriate to itself;that the method of taxation of interstate buses should not be a determiningfactor in developing its user tax structure; and that annual taxes or othertaxes of the fixed fee type upon buses, which are not imposed on a basis thatreflects the amount of highway use, should be apportioned among the states,within the limits of practicality, on the basis of vehicle miles traveledwithin each of the states.
Article II. Definitions
(a) "State". State shall include the states of the UnitedStates, the District of Columbia, the territories of the United States, theprovinces of Canada, and the states, territories and federal district of Mexico.
(b) "Contracting state". Contracting state shall mean a statewhich is a party to this agreement.
(c) "Administrator". Administrator shall mean the official oragency of a state administering the fee involved, or, in the case of prorationof registration, the official or agency of a state administering the prorationof registration in that state.
(d) "Person". Person shall include any individual, firm,co-partnership, joint venture, association, corporation, estate, trust,business trust, receiver, syndicate, or any other group or combination actingas a unit.
(e) "Base state". Base state shall mean the state from or inwhich the bus is most frequently dispatched, garaged, serviced, maintained,operated, or otherwise controlled, or also in the case of a fleet bus the stateto which it is allocated for registration under statutory requirements. Inorder that this section may not be used for the purpose of evasion ofregistration fees, the administrators of the contracting states may make thefinal decision as to the proper base state, in accordance with article III(h)of this agreement, to prevent or avoid any evasion.
(f) "Bus". Bus shall mean any motor vehicle of a bus typeengaged in the interstate transportation of passengers and subject to thejurisdiction of the interstate commerce commission, or any agency successor toit, or one or more state regulatory agencies concerned with the regulation ofpassenger transport.
(g) "Fleet". As to each contracting state, fleet shallinclude only those buses which actually travel a portion of their total milesin such state. A fleet must include three (3) or more buses.
(h) "Registration". Registration shall mean the registrationof a bus and the payment of annual fees and taxes as set forth in or pursuantto the laws of the respective contracting states.
(i) "Proration of registration". Proration of registrationshall mean registration of fleets of buses in accordance with article IV ofthis agreement.
(j) "Reciprocity". Reciprocity shall mean that eachcontracting state, to the extent provided in this agreement, exempts a bus fromregistration and registration fees.
Article III. General Provisions
(a) Effect on other agreements, arrangements, andunderstandings. On and after its effective date, this agreement shallsupersede any reciprocal or other agreement, or understanding between any twoor more of the contracting states covering, in whole or in part, any of thematters covered by this agreement. But this agreement shall not affect anyreciprocal or other agreement, arrangement, or understanding between acontracting state and a state or states not a party to this agreement.
(b) Applicability to exempt vehicles. This agreementshall not require registration in a contracting state of any vehicles which arein whole or part exempt from registration under the laws or regulations of suchstate without respect to this agreement.
(c) Inapplicability to caravanned vehicle. Thebenefits and privileges of this agreement shall not be extended to a vehicleoperated on its own wheels, or in tow of a motor vehicle, transported for thepurpose of selling or offering the same for sale to or by any agent, dealer,purchaser, or prospective purchaser.
(d) Other fees and taxes. This agreement does notwaive any fees or taxes charged or levied by any state in connection with theownership or operation of vehicles other than registration fees as defined inthis agreement. All other fees and taxes shall be paid to each state inaccordance with laws of that state.
(e) Statutory vehicle regulations. This agreementshall not authorize the operation of a vehicle in any contracting statecontrary to the laws or regulations except those pertaining to registration andpayment of fees; and with respect to such laws or regulations, only to theextent provided in this agreement.
(f) Violations. Each contracting state reserves theright to withdraw, by order of its administrator, all or any part of thebenefits or privileges granted pursuant to this agreement from the owner of anyvehicle or fleet of vehicles operated in violation of any provision of thisagreement. The administrator shall immediately give notice of any violation andwithdrawal of any benefits or privileges to the administrator of each othercontracting state in which vehicles of an owner are operated.
(g) Cooperation. The administrator of each of thecontracting states shall cooperate with the administrators of the others andeach contracting state agrees to furnish such aid and assistance to each otherwithin its statutory authority as will aid in the proper enforcement of thisagreement.
(h) Interpretation. In any dispute between or amongcontracting states arising under this agreement, the final decision regardinginterpretation of questions at issue relating to this agreement shall bereached by joint action of the contracting states, acting through itsadministrators, and shall upon determination be placed in writing.
(i) Effect of headings. Article and section headingscontained in this agreement shall not be deemed to govern, limit, modify or inany manner affect the scope, meaning, or intent of the provisions of anyarticle or part of it.
(j) Entry into force. This agreement shall enter intoforce and become binding between and among the contracting states when enactedor otherwise entered into by any two (2) states. Subsequently, it shall enterinto force and become binding with respect to any state when enacted into lawby that state. If the statutes of any state so authorize or provide, a statemay become party to this agreement upon the execution of it by an executive oradministrative official of the state acting on behalf of and for the state.
Article IV. Proration of Registration
(a) Applicability. Any owner of a fleet may registerthe buses of that fleet in any contracting state by paying to that other statethe total registration fees in an amount equal to that obtained by applying theproportion of in-state fleet miles divided by the total fleet miles, to thetotal fees which would otherwise be required for regular registration of eachand all of those vehicles in the other contracting state.
(1) All fleet pro-rata registration fees shall be based uponthe mileage proportions of the fleet during the period of twelve (12) monthsending on August 31 next preceding the commencement of the registration yearfor which registration is sought. The mileage proportions for a fleet notoperated during that period in the state where application for registration ismade will be determined by the administrator upon the sworn application of theapplicant showing the operations during that period in other states, and theestimated operations during the registration year for which registration issought in the state in which application is being made. If no operations wereconducted during such period a full statement of the proposed method ofoperation shall be used.
(2) If any buses operate in two (2) or more states whichpermit the proration of registration on the basis of a fleet of busesconsisting of a lesser number of vehicles than provided in article II(g), thatfleet may be prorated as to registration in those states, in which event thebuses in that fleet shall not be required to register in any other contractingstates if each vehicle is registered in some contracting state except to theextent it is exempt from registration as provided in article III(b).
(3) If the administrator of any state determines, based onhis or her method of the operation, that the inclusion of a bus or buses as apart of a fleet would adversely affect the proper fleet fee which should bepaid to his or her state, having due regard for fairness and equity, theadministrator may refuse to permit any or all of those buses to be included inhis or her state as a part of such fleet.
(b) Total fleet miles. Total fleet miles, with respectto each contracting state, shall mean the total miles operated by the fleet (1)in such state, (2) in all other contracting states, (3) in other states havingproportional registration provisions, (4) in states with which that contractingstate has reciprocity, and (5) in those other states that the administratordetermines should be included under the circumstances in order to protect orpromote the interest of his or her state; except that in states having lawsrequiring proration on the basis of a different determination of total fleetmiles, total fleet miles shall be determined on this basis.
(c) Leased vehicles. If a bus is operated by a personother than the owner as a part of a fleet which is subject to the provisions ofthis article, then the operator of that fleet shall be deemed to be the ownerof that bus for the purposes of this article.
(d) Extent of privileges. Upon the registration of afleet in a contracting state pursuant to this article, each bus in the fleetmay be operated in both interstate and intrastate operations in that stateexcept as provided in article III(e).
(e) Application for proration. The application forproration of registration shall be made in each contracting state uponsubstantially the application forms and supplements authorized by joint actionof the administrators of the contracting states.
(f) Issuance of identification. Upon registration of afleet, the state which is the base state of a particular bus of the fleet shallissue the required license plates and registration card for the bus and eachcontracting state in which the fleet (of which the bus is a part) operatesshall issue a special identification identifying the bus as a part of a fleetwhich has fully complied with the registration requirements of that state. Therequired license plates, registration cards and identification shall beappropriately displayed in the manner required by or pursuant to the laws ofeach respective state.
(g) Additions to fleet. If any bus is added to aprorated fleet after the filing of the original application, the owner shallfile a supplemental application. The owner shall register the bus in eachcontracting state in like manner as provided for buses listed in an originalapplication and the registration fee payable shall be determined on the mileageproportion used to determine the registration fees payable for buses registeredunder the original application.
(h) Withdrawals from fleet. If any bus is withdrawnfrom a prorated fleet during the period for which it is registered oridentified, the owner shall notify the administrator of each state in which itis registered or identified of that withdrawal and shall return the plates, andregistration card or identification as may be required by or pursuant to thelaws of the respective states.
(i) Audits. The administrator of each contractingstate shall, within the statutory authority of the administrator, make anyinformation obtained upon an audit of records of any applicant for proration ofregistration available to the administrators of the other contracting states.
(j) Errors in registration. If it is determined by theadministrator of a contracting state, as a result of these audits or otherwise,that an improper fee has been paid that state, or if errors in registration arefound, the administrator may require the fleet owner to make the necessarycorrections in the registration of his or her fleet and payment of fees.
Article V. Reciprocity
(a) Grant of reciprocity. Each of the contractingstates grants reciprocity as provided in this article.
(b) Applicability. The provisions of this agreementwith respect to reciprocity shall apply only to a bus properly registered inthe base state of the bus, which state must be a contracting state.
(c) Non-applicability to fleet buses. The reciprocitygranted pursuant to this article shall not apply to a bus which is entitled tobe registered or identified as part of a prorated fleet.
(d) Extent of reciprocity. The reciprocity grantedpursuant to this article shall permit the interstate operation of a bus andintrastate operation which is incidental to a trip of such bus involvinginterstate operation.
(e) Other agreements. Nothing in this agreement shallbe construed to prohibit any of the contracting states from entering intoseparate agreements with each other for the granting of temporary permits forthe intrastate operation of vehicles registered in the other state; nor toprevent any of the contracting states from entering into agreements to grantreciprocity for intrastate operation within any zone or zones agreed, upon bythe states.
Article VI. Withdrawal or Revocation
Any contracting state may withdraw from this agreement uponthirty (30) days' written notice to any other contracting state, which noticeshall be given only after the repeal of this agreement by the legislature ofsuch state, if adoption was by legislative act, or after renunciation by theappropriate administrative official of the contracting state if the laws ofthat state empower the administrator so to renounce.
Article VII. Construction and Severability
This compact shall be liberally construed so as to effectuateits purposes. The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplicability of it to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofit to any government, agency, person, or circumstance shall not be affected bythe invalidity. If this compact shall be held contrary to the constitution ofany state participating in it, the compact shall remain in full force andeffect as to the remaining party states and in full force and effect as to thestate affected as to all severable matters.
§ 31-6.1-1 Agreement enacted. – The Bus Taxation Proration Agreement is enacted into law and entered into withall jurisdictions legally joining in the form substantially as follows:
Article I. Purposes and Principles
(a) Purposes of agreement. It is the purpose of thisagreement to set up a system by which any contracting state may permit ownersof fleets of buses operating in two or more states to prorate the registrationof the buses in such fleets in each state in which the fleets operate on thebasis of the proportion of miles operated within such state to total fleetmiles, as defined in this agreement.
(b) Principle of proration of registration. It isdeclared that in making this agreement the contracting states adhere to theprinciple that each state should have the freedom to develop the kind ofhighway user tax structure that it determines to be most appropriate to itself;that the method of taxation of interstate buses should not be a determiningfactor in developing its user tax structure; and that annual taxes or othertaxes of the fixed fee type upon buses, which are not imposed on a basis thatreflects the amount of highway use, should be apportioned among the states,within the limits of practicality, on the basis of vehicle miles traveledwithin each of the states.
Article II. Definitions
(a) "State". State shall include the states of the UnitedStates, the District of Columbia, the territories of the United States, theprovinces of Canada, and the states, territories and federal district of Mexico.
(b) "Contracting state". Contracting state shall mean a statewhich is a party to this agreement.
(c) "Administrator". Administrator shall mean the official oragency of a state administering the fee involved, or, in the case of prorationof registration, the official or agency of a state administering the prorationof registration in that state.
(d) "Person". Person shall include any individual, firm,co-partnership, joint venture, association, corporation, estate, trust,business trust, receiver, syndicate, or any other group or combination actingas a unit.
(e) "Base state". Base state shall mean the state from or inwhich the bus is most frequently dispatched, garaged, serviced, maintained,operated, or otherwise controlled, or also in the case of a fleet bus the stateto which it is allocated for registration under statutory requirements. Inorder that this section may not be used for the purpose of evasion ofregistration fees, the administrators of the contracting states may make thefinal decision as to the proper base state, in accordance with article III(h)of this agreement, to prevent or avoid any evasion.
(f) "Bus". Bus shall mean any motor vehicle of a bus typeengaged in the interstate transportation of passengers and subject to thejurisdiction of the interstate commerce commission, or any agency successor toit, or one or more state regulatory agencies concerned with the regulation ofpassenger transport.
(g) "Fleet". As to each contracting state, fleet shallinclude only those buses which actually travel a portion of their total milesin such state. A fleet must include three (3) or more buses.
(h) "Registration". Registration shall mean the registrationof a bus and the payment of annual fees and taxes as set forth in or pursuantto the laws of the respective contracting states.
(i) "Proration of registration". Proration of registrationshall mean registration of fleets of buses in accordance with article IV ofthis agreement.
(j) "Reciprocity". Reciprocity shall mean that eachcontracting state, to the extent provided in this agreement, exempts a bus fromregistration and registration fees.
Article III. General Provisions
(a) Effect on other agreements, arrangements, andunderstandings. On and after its effective date, this agreement shallsupersede any reciprocal or other agreement, or understanding between any twoor more of the contracting states covering, in whole or in part, any of thematters covered by this agreement. But this agreement shall not affect anyreciprocal or other agreement, arrangement, or understanding between acontracting state and a state or states not a party to this agreement.
(b) Applicability to exempt vehicles. This agreementshall not require registration in a contracting state of any vehicles which arein whole or part exempt from registration under the laws or regulations of suchstate without respect to this agreement.
(c) Inapplicability to caravanned vehicle. Thebenefits and privileges of this agreement shall not be extended to a vehicleoperated on its own wheels, or in tow of a motor vehicle, transported for thepurpose of selling or offering the same for sale to or by any agent, dealer,purchaser, or prospective purchaser.
(d) Other fees and taxes. This agreement does notwaive any fees or taxes charged or levied by any state in connection with theownership or operation of vehicles other than registration fees as defined inthis agreement. All other fees and taxes shall be paid to each state inaccordance with laws of that state.
(e) Statutory vehicle regulations. This agreementshall not authorize the operation of a vehicle in any contracting statecontrary to the laws or regulations except those pertaining to registration andpayment of fees; and with respect to such laws or regulations, only to theextent provided in this agreement.
(f) Violations. Each contracting state reserves theright to withdraw, by order of its administrator, all or any part of thebenefits or privileges granted pursuant to this agreement from the owner of anyvehicle or fleet of vehicles operated in violation of any provision of thisagreement. The administrator shall immediately give notice of any violation andwithdrawal of any benefits or privileges to the administrator of each othercontracting state in which vehicles of an owner are operated.
(g) Cooperation. The administrator of each of thecontracting states shall cooperate with the administrators of the others andeach contracting state agrees to furnish such aid and assistance to each otherwithin its statutory authority as will aid in the proper enforcement of thisagreement.
(h) Interpretation. In any dispute between or amongcontracting states arising under this agreement, the final decision regardinginterpretation of questions at issue relating to this agreement shall bereached by joint action of the contracting states, acting through itsadministrators, and shall upon determination be placed in writing.
(i) Effect of headings. Article and section headingscontained in this agreement shall not be deemed to govern, limit, modify or inany manner affect the scope, meaning, or intent of the provisions of anyarticle or part of it.
(j) Entry into force. This agreement shall enter intoforce and become binding between and among the contracting states when enactedor otherwise entered into by any two (2) states. Subsequently, it shall enterinto force and become binding with respect to any state when enacted into lawby that state. If the statutes of any state so authorize or provide, a statemay become party to this agreement upon the execution of it by an executive oradministrative official of the state acting on behalf of and for the state.
Article IV. Proration of Registration
(a) Applicability. Any owner of a fleet may registerthe buses of that fleet in any contracting state by paying to that other statethe total registration fees in an amount equal to that obtained by applying theproportion of in-state fleet miles divided by the total fleet miles, to thetotal fees which would otherwise be required for regular registration of eachand all of those vehicles in the other contracting state.
(1) All fleet pro-rata registration fees shall be based uponthe mileage proportions of the fleet during the period of twelve (12) monthsending on August 31 next preceding the commencement of the registration yearfor which registration is sought. The mileage proportions for a fleet notoperated during that period in the state where application for registration ismade will be determined by the administrator upon the sworn application of theapplicant showing the operations during that period in other states, and theestimated operations during the registration year for which registration issought in the state in which application is being made. If no operations wereconducted during such period a full statement of the proposed method ofoperation shall be used.
(2) If any buses operate in two (2) or more states whichpermit the proration of registration on the basis of a fleet of busesconsisting of a lesser number of vehicles than provided in article II(g), thatfleet may be prorated as to registration in those states, in which event thebuses in that fleet shall not be required to register in any other contractingstates if each vehicle is registered in some contracting state except to theextent it is exempt from registration as provided in article III(b).
(3) If the administrator of any state determines, based onhis or her method of the operation, that the inclusion of a bus or buses as apart of a fleet would adversely affect the proper fleet fee which should bepaid to his or her state, having due regard for fairness and equity, theadministrator may refuse to permit any or all of those buses to be included inhis or her state as a part of such fleet.
(b) Total fleet miles. Total fleet miles, with respectto each contracting state, shall mean the total miles operated by the fleet (1)in such state, (2) in all other contracting states, (3) in other states havingproportional registration provisions, (4) in states with which that contractingstate has reciprocity, and (5) in those other states that the administratordetermines should be included under the circumstances in order to protect orpromote the interest of his or her state; except that in states having lawsrequiring proration on the basis of a different determination of total fleetmiles, total fleet miles shall be determined on this basis.
(c) Leased vehicles. If a bus is operated by a personother than the owner as a part of a fleet which is subject to the provisions ofthis article, then the operator of that fleet shall be deemed to be the ownerof that bus for the purposes of this article.
(d) Extent of privileges. Upon the registration of afleet in a contracting state pursuant to this article, each bus in the fleetmay be operated in both interstate and intrastate operations in that stateexcept as provided in article III(e).
(e) Application for proration. The application forproration of registration shall be made in each contracting state uponsubstantially the application forms and supplements authorized by joint actionof the administrators of the contracting states.
(f) Issuance of identification. Upon registration of afleet, the state which is the base state of a particular bus of the fleet shallissue the required license plates and registration card for the bus and eachcontracting state in which the fleet (of which the bus is a part) operatesshall issue a special identification identifying the bus as a part of a fleetwhich has fully complied with the registration requirements of that state. Therequired license plates, registration cards and identification shall beappropriately displayed in the manner required by or pursuant to the laws ofeach respective state.
(g) Additions to fleet. If any bus is added to aprorated fleet after the filing of the original application, the owner shallfile a supplemental application. The owner shall register the bus in eachcontracting state in like manner as provided for buses listed in an originalapplication and the registration fee payable shall be determined on the mileageproportion used to determine the registration fees payable for buses registeredunder the original application.
(h) Withdrawals from fleet. If any bus is withdrawnfrom a prorated fleet during the period for which it is registered oridentified, the owner shall notify the administrator of each state in which itis registered or identified of that withdrawal and shall return the plates, andregistration card or identification as may be required by or pursuant to thelaws of the respective states.
(i) Audits. The administrator of each contractingstate shall, within the statutory authority of the administrator, make anyinformation obtained upon an audit of records of any applicant for proration ofregistration available to the administrators of the other contracting states.
(j) Errors in registration. If it is determined by theadministrator of a contracting state, as a result of these audits or otherwise,that an improper fee has been paid that state, or if errors in registration arefound, the administrator may require the fleet owner to make the necessarycorrections in the registration of his or her fleet and payment of fees.
Article V. Reciprocity
(a) Grant of reciprocity. Each of the contractingstates grants reciprocity as provided in this article.
(b) Applicability. The provisions of this agreementwith respect to reciprocity shall apply only to a bus properly registered inthe base state of the bus, which state must be a contracting state.
(c) Non-applicability to fleet buses. The reciprocitygranted pursuant to this article shall not apply to a bus which is entitled tobe registered or identified as part of a prorated fleet.
(d) Extent of reciprocity. The reciprocity grantedpursuant to this article shall permit the interstate operation of a bus andintrastate operation which is incidental to a trip of such bus involvinginterstate operation.
(e) Other agreements. Nothing in this agreement shallbe construed to prohibit any of the contracting states from entering intoseparate agreements with each other for the granting of temporary permits forthe intrastate operation of vehicles registered in the other state; nor toprevent any of the contracting states from entering into agreements to grantreciprocity for intrastate operation within any zone or zones agreed, upon bythe states.
Article VI. Withdrawal or Revocation
Any contracting state may withdraw from this agreement uponthirty (30) days' written notice to any other contracting state, which noticeshall be given only after the repeal of this agreement by the legislature ofsuch state, if adoption was by legislative act, or after renunciation by theappropriate administrative official of the contracting state if the laws ofthat state empower the administrator so to renounce.
Article VII. Construction and Severability
This compact shall be liberally construed so as to effectuateits purposes. The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplicability of it to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofit to any government, agency, person, or circumstance shall not be affected bythe invalidity. If this compact shall be held contrary to the constitution ofany state participating in it, the compact shall remain in full force andeffect as to the remaining party states and in full force and effect as to thestate affected as to all severable matters.
§ 31-6.1-1 Agreement enacted. – The Bus Taxation Proration Agreement is enacted into law and entered into withall jurisdictions legally joining in the form substantially as follows:
Article I. Purposes and Principles
(a) Purposes of agreement. It is the purpose of thisagreement to set up a system by which any contracting state may permit ownersof fleets of buses operating in two or more states to prorate the registrationof the buses in such fleets in each state in which the fleets operate on thebasis of the proportion of miles operated within such state to total fleetmiles, as defined in this agreement.
(b) Principle of proration of registration. It isdeclared that in making this agreement the contracting states adhere to theprinciple that each state should have the freedom to develop the kind ofhighway user tax structure that it determines to be most appropriate to itself;that the method of taxation of interstate buses should not be a determiningfactor in developing its user tax structure; and that annual taxes or othertaxes of the fixed fee type upon buses, which are not imposed on a basis thatreflects the amount of highway use, should be apportioned among the states,within the limits of practicality, on the basis of vehicle miles traveledwithin each of the states.
Article II. Definitions
(a) "State". State shall include the states of the UnitedStates, the District of Columbia, the territories of the United States, theprovinces of Canada, and the states, territories and federal district of Mexico.
(b) "Contracting state". Contracting state shall mean a statewhich is a party to this agreement.
(c) "Administrator". Administrator shall mean the official oragency of a state administering the fee involved, or, in the case of prorationof registration, the official or agency of a state administering the prorationof registration in that state.
(d) "Person". Person shall include any individual, firm,co-partnership, joint venture, association, corporation, estate, trust,business trust, receiver, syndicate, or any other group or combination actingas a unit.
(e) "Base state". Base state shall mean the state from or inwhich the bus is most frequently dispatched, garaged, serviced, maintained,operated, or otherwise controlled, or also in the case of a fleet bus the stateto which it is allocated for registration under statutory requirements. Inorder that this section may not be used for the purpose of evasion ofregistration fees, the administrators of the contracting states may make thefinal decision as to the proper base state, in accordance with article III(h)of this agreement, to prevent or avoid any evasion.
(f) "Bus". Bus shall mean any motor vehicle of a bus typeengaged in the interstate transportation of passengers and subject to thejurisdiction of the interstate commerce commission, or any agency successor toit, or one or more state regulatory agencies concerned with the regulation ofpassenger transport.
(g) "Fleet". As to each contracting state, fleet shallinclude only those buses which actually travel a portion of their total milesin such state. A fleet must include three (3) or more buses.
(h) "Registration". Registration shall mean the registrationof a bus and the payment of annual fees and taxes as set forth in or pursuantto the laws of the respective contracting states.
(i) "Proration of registration". Proration of registrationshall mean registration of fleets of buses in accordance with article IV ofthis agreement.
(j) "Reciprocity". Reciprocity shall mean that eachcontracting state, to the extent provided in this agreement, exempts a bus fromregistration and registration fees.
Article III. General Provisions
(a) Effect on other agreements, arrangements, andunderstandings. On and after its effective date, this agreement shallsupersede any reciprocal or other agreement, or understanding between any twoor more of the contracting states covering, in whole or in part, any of thematters covered by this agreement. But this agreement shall not affect anyreciprocal or other agreement, arrangement, or understanding between acontracting state and a state or states not a party to this agreement.
(b) Applicability to exempt vehicles. This agreementshall not require registration in a contracting state of any vehicles which arein whole or part exempt from registration under the laws or regulations of suchstate without respect to this agreement.
(c) Inapplicability to caravanned vehicle. Thebenefits and privileges of this agreement shall not be extended to a vehicleoperated on its own wheels, or in tow of a motor vehicle, transported for thepurpose of selling or offering the same for sale to or by any agent, dealer,purchaser, or prospective purchaser.
(d) Other fees and taxes. This agreement does notwaive any fees or taxes charged or levied by any state in connection with theownership or operation of vehicles other than registration fees as defined inthis agreement. All other fees and taxes shall be paid to each state inaccordance with laws of that state.
(e) Statutory vehicle regulations. This agreementshall not authorize the operation of a vehicle in any contracting statecontrary to the laws or regulations except those pertaining to registration andpayment of fees; and with respect to such laws or regulations, only to theextent provided in this agreement.
(f) Violations. Each contracting state reserves theright to withdraw, by order of its administrator, all or any part of thebenefits or privileges granted pursuant to this agreement from the owner of anyvehicle or fleet of vehicles operated in violation of any provision of thisagreement. The administrator shall immediately give notice of any violation andwithdrawal of any benefits or privileges to the administrator of each othercontracting state in which vehicles of an owner are operated.
(g) Cooperation. The administrator of each of thecontracting states shall cooperate with the administrators of the others andeach contracting state agrees to furnish such aid and assistance to each otherwithin its statutory authority as will aid in the proper enforcement of thisagreement.
(h) Interpretation. In any dispute between or amongcontracting states arising under this agreement, the final decision regardinginterpretation of questions at issue relating to this agreement shall bereached by joint action of the contracting states, acting through itsadministrators, and shall upon determination be placed in writing.
(i) Effect of headings. Article and section headingscontained in this agreement shall not be deemed to govern, limit, modify or inany manner affect the scope, meaning, or intent of the provisions of anyarticle or part of it.
(j) Entry into force. This agreement shall enter intoforce and become binding between and among the contracting states when enactedor otherwise entered into by any two (2) states. Subsequently, it shall enterinto force and become binding with respect to any state when enacted into lawby that state. If the statutes of any state so authorize or provide, a statemay become party to this agreement upon the execution of it by an executive oradministrative official of the state acting on behalf of and for the state.
Article IV. Proration of Registration
(a) Applicability. Any owner of a fleet may registerthe buses of that fleet in any contracting state by paying to that other statethe total registration fees in an amount equal to that obtained by applying theproportion of in-state fleet miles divided by the total fleet miles, to thetotal fees which would otherwise be required for regular registration of eachand all of those vehicles in the other contracting state.
(1) All fleet pro-rata registration fees shall be based uponthe mileage proportions of the fleet during the period of twelve (12) monthsending on August 31 next preceding the commencement of the registration yearfor which registration is sought. The mileage proportions for a fleet notoperated during that period in the state where application for registration ismade will be determined by the administrator upon the sworn application of theapplicant showing the operations during that period in other states, and theestimated operations during the registration year for which registration issought in the state in which application is being made. If no operations wereconducted during such period a full statement of the proposed method ofoperation shall be used.
(2) If any buses operate in two (2) or more states whichpermit the proration of registration on the basis of a fleet of busesconsisting of a lesser number of vehicles than provided in article II(g), thatfleet may be prorated as to registration in those states, in which event thebuses in that fleet shall not be required to register in any other contractingstates if each vehicle is registered in some contracting state except to theextent it is exempt from registration as provided in article III(b).
(3) If the administrator of any state determines, based onhis or her method of the operation, that the inclusion of a bus or buses as apart of a fleet would adversely affect the proper fleet fee which should bepaid to his or her state, having due regard for fairness and equity, theadministrator may refuse to permit any or all of those buses to be included inhis or her state as a part of such fleet.
(b) Total fleet miles. Total fleet miles, with respectto each contracting state, shall mean the total miles operated by the fleet (1)in such state, (2) in all other contracting states, (3) in other states havingproportional registration provisions, (4) in states with which that contractingstate has reciprocity, and (5) in those other states that the administratordetermines should be included under the circumstances in order to protect orpromote the interest of his or her state; except that in states having lawsrequiring proration on the basis of a different determination of total fleetmiles, total fleet miles shall be determined on this basis.
(c) Leased vehicles. If a bus is operated by a personother than the owner as a part of a fleet which is subject to the provisions ofthis article, then the operator of that fleet shall be deemed to be the ownerof that bus for the purposes of this article.
(d) Extent of privileges. Upon the registration of afleet in a contracting state pursuant to this article, each bus in the fleetmay be operated in both interstate and intrastate operations in that stateexcept as provided in article III(e).
(e) Application for proration. The application forproration of registration shall be made in each contracting state uponsubstantially the application forms and supplements authorized by joint actionof the administrators of the contracting states.
(f) Issuance of identification. Upon registration of afleet, the state which is the base state of a particular bus of the fleet shallissue the required license plates and registration card for the bus and eachcontracting state in which the fleet (of which the bus is a part) operatesshall issue a special identification identifying the bus as a part of a fleetwhich has fully complied with the registration requirements of that state. Therequired license plates, registration cards and identification shall beappropriately displayed in the manner required by or pursuant to the laws ofeach respective state.
(g) Additions to fleet. If any bus is added to aprorated fleet after the filing of the original application, the owner shallfile a supplemental application. The owner shall register the bus in eachcontracting state in like manner as provided for buses listed in an originalapplication and the registration fee payable shall be determined on the mileageproportion used to determine the registration fees payable for buses registeredunder the original application.
(h) Withdrawals from fleet. If any bus is withdrawnfrom a prorated fleet during the period for which it is registered oridentified, the owner shall notify the administrator of each state in which itis registered or identified of that withdrawal and shall return the plates, andregistration card or identification as may be required by or pursuant to thelaws of the respective states.
(i) Audits. The administrator of each contractingstate shall, within the statutory authority of the administrator, make anyinformation obtained upon an audit of records of any applicant for proration ofregistration available to the administrators of the other contracting states.
(j) Errors in registration. If it is determined by theadministrator of a contracting state, as a result of these audits or otherwise,that an improper fee has been paid that state, or if errors in registration arefound, the administrator may require the fleet owner to make the necessarycorrections in the registration of his or her fleet and payment of fees.
Article V. Reciprocity
(a) Grant of reciprocity. Each of the contractingstates grants reciprocity as provided in this article.
(b) Applicability. The provisions of this agreementwith respect to reciprocity shall apply only to a bus properly registered inthe base state of the bus, which state must be a contracting state.
(c) Non-applicability to fleet buses. The reciprocitygranted pursuant to this article shall not apply to a bus which is entitled tobe registered or identified as part of a prorated fleet.
(d) Extent of reciprocity. The reciprocity grantedpursuant to this article shall permit the interstate operation of a bus andintrastate operation which is incidental to a trip of such bus involvinginterstate operation.
(e) Other agreements. Nothing in this agreement shallbe construed to prohibit any of the contracting states from entering intoseparate agreements with each other for the granting of temporary permits forthe intrastate operation of vehicles registered in the other state; nor toprevent any of the contracting states from entering into agreements to grantreciprocity for intrastate operation within any zone or zones agreed, upon bythe states.
Article VI. Withdrawal or Revocation
Any contracting state may withdraw from this agreement uponthirty (30) days' written notice to any other contracting state, which noticeshall be given only after the repeal of this agreement by the legislature ofsuch state, if adoption was by legislative act, or after renunciation by theappropriate administrative official of the contracting state if the laws ofthat state empower the administrator so to renounce.
Article VII. Construction and Severability
This compact shall be liberally construed so as to effectuateits purposes. The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplicability of it to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicability ofit to any government, agency, person, or circumstance shall not be affected bythe invalidity. If this compact shall be held contrary to the constitution ofany state participating in it, the compact shall remain in full force andeffect as to the remaining party states and in full force and effect as to thestate affected as to all severable matters.
