Judge upholds Oklahoma truck registration ruling

| Tuesday, April 16, 2002

On Friday, Oklahoma district judge Dan Owens upheld Oklahoma's newly written regulations that will restrict out-of-state trucking companies from registering in the state. The rules had been challenged by ProCert Inc., a company that helps out-of-state trucking companies tag their trucks in Oklahoma.

The International Registration Plan (IRP) told Oklahoma in December if the rules were not changed regarding place of business, the IRP would impose sanctions. The Oklahoma Tax Commission complied by writing new rules, but a quick legal move by Oklahoma service agencies, ProCert Inc. and two other companies, produced a temporary injunction, essentially putting a screeching halt to OTC's new rules before the ink was dry.

Because the implementation of the new rules did not happen by the deadline issued by the IRP Board, the IRP went forward with the sanctions on April 1, notifying other state and province IRP members to withhold reciprocity fees. Those fees amount to as much as $1.2 million a month.

Judge Owens' decision was a bitter pill for the agencies that helped out-of-state trucking companies register in Oklahoma. They say they will be put out of business by the decision. ProCert's president, Chris Gorman, Oklahoma City, said he was a fighter and would not give up. "We are looking at what we can do," ProCert's attorney, Newt Cunningham III, told Land Line on Monday.

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