April 12 should be a pivotal date in the battle over registration rules in Oklahoma.
That’s when a state district court will decide whether or not to lift a restraining order blocking implementation of new regulations that would prohibit trucking companies (but not owner-operators) from using third party registration agents to establish Oklahoma residency.
The Oklahoma Tax Commission made the revisions after the International Registration Plan threatened sanctions if it didn’t come into compliance with “place of residence” rules. ProCert Inc., an Oklahoma0based transportation consulting firm that offers truck registration services, responded with a lawsuit asking the courts to declare the new rules unconstitutional.
After the court issued a temporary restraining order, the IRP Board decided to move its compliance deadline from Feb. 15 to April 1. On that date, it issued a memo ordering all member jurisdictions to suspend distribution of registration fees collected on Oklahoma’s behalf.
IRP President John Memone said the board went ahead with the sanctions because it wants to make sure Oklahoma comes into compliance as quickly as possible.
The sanctions apply to fees collected on or after April 1, and most states remit to other jurisdictions at the end of each month, he explained. Thus if the injunction is lifted on April 12, Oklahoma will have time to put the new rules in place before most disbursements are made. If the injunction isn’t lifted, the Board will revisit the situation.
Meantime, all the Oklahoma Tax Commission can do is wait. “We understand (IRP’s) need to do this, but our hands are tied,” said Communications Director Paula Ross.
Memone stressed that the sanctions are against the state of Oklahoma, not carriers registered there. "Nothing has changed regarding tags," he said.