OTA Dispatch Issue 4, 2020

9 www.ortrucking.org Issue 4 | 2020 in a drug and alcohol testing program, first check whether the company is legit or not and read its online reviews with your eyes wide open.” This experience of a new entrant motor carrier is not unique. In fact, FMCSA received so many complaints that it was prompted to address this topic on its website at the following URL: www.fmcsa.dot.gov/registration/ fraudulent-and-misleading-marketing- new-fmcsa-applicants. Here the Federal Motor Carrier Safety Administration offers this advice: FRAUDULENT AND MISLEADING MARKETING TO NEW FMCSA APPLICANTS FMCSA does not: ` Contact Carriers by Telemarketers or “robo-call” automated telephone solicitations ` Request credit card numbers by telephone ` Charge a fee for downloadable forms found at www.fmcsa.dot. gov/mission/forms FMCSA is aware that motor carrier officials and new entrant applicants often receive confusing or misleading solicitations from service providers or third-party administrators by telephone, email, text, and US Mail. These businesses obtain your company’s information when you submit an application or update your information with FMCSA, because your basic carrier information is publicly available. These companies often contact new carriers within minutes after they complete online transactions with FMCSA. Aggressive or fraudulent marketing complaints have included carriers being pressured to immediately enroll in: ` Drug and alcohol supervisor training ` General FMCSA regulatory and compliance support ` Unified carrier registration compliance ` Biennial update or unified registration system compliance Motor carrier service providers and third- party administrators or their employees can and do provide valuable services to motor carriers and new entrants in the motor carrier community. The use of a private entity or company to assist a motor carrier with compliance is an option for motor carrier officials and new entrant applicants. However, the US Government does not endorse private businesses or vendors, and the use of a service provider is not required by FMCSA. Under federal law, impersonating “an officer or employee acting under the authority of the United States” in order to demand or obtain “any money, document, or thing of value” can result in a fine as well as imprisonment for up to three years (18 USC § 912). If you have been the victim of fraud and experienced a loss, please report the crime to Law Enforcement. You should report any compromised banking or credit card information to your financial institution or Credit Card Company immediately. If you would like to report a fraudulent request for information to DOT, please contact the Office of Inspector General (OIG) Hotline via www.oig.dot.gov/ hotline or by calling 800-424–9071. You can report aggressive or misleading marketers to the Federal Trade Commission at FTC.gov/complaint. I imagine that FMCSA fielded many calls and complaints before deciding to post the preceding information on its website. There is an abundance of information documenting carrier complaints on the internet beyond the couple of examples I have cited thus far. Yet another illustration of potential scammers attempting to influence newer motor carriers to pay inflated fees to accomplish necessary tasks that can be easily accomplished for free online, consider the UCR. Motor carriers have reported receiving a letter from a third-party provider containing the letters “UCR” in its name concerning Unified Carrier Registration (UCR) payments and registration. The firm mailing the letters is not associated with the UCR and is charging more than the UCR registration fee. The Single State Registration System officially ended on January 1, 2007 and was replaced by the Unified Carrier Registration Agreement (UCR). The UCR was established in the Highway Reauthorization Bill enacted on August 10, 2005 (SAFETEA-LU, P.L. 109-59). UCR requires all motor carriers (including private, for-hire, and exempt carriers), as well as brokers, freight forwarders, and leasing companies to register with the United States Department of Transportation (USDOT) annually. In addition, a broker is required to pay a $76 registration fee each year. Currently not all states are participating in the UCR, but you must register even if you are not domiciled in one of those participating base states. States are starting to ramp up enforcement of collecting unpaid UCR fees, so register today by visiting the Uniform Carrier Registration web page at www.ucr.gov. There is no fee to register in addition to the UCR fees if you do it yourself. The old maxim suggests a word to the wise should be sufficient. In this case I’d add that you never have to make a decision in a vacuum. If you are ever in doubt about the legitimacy of a letter or email you receive urging you to take immediate action to satisfy some regulatory requirement, please feel free to pick up the phone and call the staff at the Oregon Trucking Association. We’re here to help. Unfortunately, there will always be bad actors out there who desire to obtain your hard-earned money. Regarding them, Sister Francis Xavier would likely advise, “Noli Permittere Illegitimi Carborundum.” You’ll just have to google that one.