Live Enforcement (56)
Description:
Carrying out enforcement activities in the live system includes the detection of noncompliance and applying consequences when needed.
Details:
The first step in enforcement is noncompliance detection. There are two broad types of RUC noncompliance: general and mileage reporting method-specific noncompliance.
General noncompliance includes noncompliance types that can occur for any vehicle, such as failure to register for the RUC program when required, failure to register the vehicle in the correct state, or making late or no payment.
Mileage reporting method-specific noncompliance varies by the method of mileage reporting. For plug-in devices, the main method of noncompliance is unplugging the device for extended periods. For odometer image capture reporting, the main types of noncompliance include failure to submit an image and intentional image manipulation. For native automaker telematics reporting, the main noncompliance type is failure to provide up-to-date credentials.
The second step in enforcement is applying consequences. Consequences range from very minor to substantial and can include simple reminders, warning letters, penalty fines, registration holds or blockers, and even severe consequences such as jail time for individuals assisting widespread fraud.
Primary Uses:
Increase compliance and enforce rules against violations.
Best Practices/Lessons Learned:
- Much of the noncompliance will be unintentional. Do not treat individuals as intentional violators unless there is clear evidence of intentional fraud (e.g., photo manipulation).
- Use initial and ongoing user education to reduce the amount of unintentional noncompliance.
- Initial consequences for most incidents of noncompliance should be minor. Begin with reminders or warning letters, move on to small fees or fines, then use larger fines after that.
- Registration holds or blockers are the most effective significant consequence but should be used only in cases of major or extended noncompliance. The inability to register a vehicle has equity and distributional implications.
- Law enforcement officers will not want to be involved with RUC enforcement unless it is absolutely necessary; for example, they will perform enforcement on vehicles that are driven when they are not registered, which could follow the application of a registration hold.
- The implementing RUC agency communications team should review enforcement communications.
- Work with noncompliant individuals to help them become compliant. Offer reporting alternatives and, if they owe a substantial amount of RUC, potentially a payment plan.
- Vendors may detect noncompliance, but the state agency applies consequences beyond reminders, warning letters, or small fees. To enable the enactment of consequences, vendors will need to provide noncompliance data to the state.
- The motivation to violate RUC program rules will be minimal while the gas tax is in place, so enforcement efforts can start small and ramp up slowly. As efforts are ramped up, lessons will be learned, and enforcement activities will improve.
- Set a threshold for materiality, under which noncompliance or errors will not be investigated because the cost to investigate may be greater than the value of increased compliance.
State Government Context and Assumptions:
Enforcement should be carried out by the agency or division tasked with carrying out enforcement by the law, typically the implementing RUC agency, with vendor support.