Address for authority

Yes you are correct, as a resident of your base state you can use your home address. With regards to this thread, it's about trying to find a good way to protect your privacy. I really don't want my home address out there for people to find on safe and decide to come visit my home.

 

I would say count yourself lucky since it seems you fell through the cracks on that particular regulation.

 

If you get your virtual office setup before you start your business stuff, you'll have all the documents with that address on it to prove your business is setup there.

 

How so?

 

I agree with you. However, IRP makes it clear what they want. So to be 100 percent legal even a virtual office does not fit. The "staff" aren't your employees handling your trucking related business. They do this because a business can be based anywhere that has nexus basically and a resident actually has to reside in the base jurisdiction. As a resident of the base state you'd be exempt from the employee stipulation. Here's the official verbiage:

"This physical structure shall be open for business and shall be staffed during regular business hours by one or more persons employed by the Applicant or Registrant on a permanent basis (i.e., not an independent contractor) for the purpose of the general management of the Applicant’s or Registrant’s trucking-related business (i.e., not limited to credentialing, distance and fuel reporting, and answering telephone inquiries). The Applicant or Registrant need not have land line telephone service at the physical structure. Records concerning the Fleet shall be maintained at this physical structure (unless such records are to be made available in accordance with the provisions of Section 1035). The Base Jurisdiction may accept information it deems pertinent to verify that an Applicant or Registrant has an Established Place of Business within the Base Jurisdiction. "

http://c.ymcdn.com/sites/www.irponline.org/resource/resmgr/publications/irp_plan_2018.pdf

It also looks like Comada tried to do something similar to the virtual office idea and were shot down. The issue it mentioned in the manual. I've included the details below:

"Issue: The jurisdiction of Indiana, on behalf of Comdata, requested a Class 4 interpretation asking 1) if a third-party IRP registration service provider can allow their physical address to be used by an IRP registrant and 2) whether or not the employees of the third-party service provider are considered to be persons conducting the fleet registrant’s business. Decision: The committee agreed that the requirement under Section 210 is that the registrant have an established place of business as defined in Section 218 and that established place of business cannot be provided for the registrant in the form of a third-party licensing provider."

http://c.ymcdn.com/sites/www.irponline.org/resource/resmgr/publications/irp_plan_2018.pdf

If one does not have an established place of business being a resident is excepted. This person will not need to have employees and a physical structure for the company as mentioned below:

"305 SELECTION OF BASE JURISDICTION (a) An Applicant may elect as its Base Jurisdiction any Member Jurisdiction (i) where the Applicant has an Established Place of Business, (ii) where the Fleet the Applicant seeks to register under the Plan accrues distance, and (iii) where Records of the Fleet are maintained or can be made available. (b) An Applicant that does not have an Established Place of Business in any Jurisdiction may designate as a Base Jurisdiction any Member Jurisdiction (i) where the Applicant can demonstrate Residence, (ii) where the Fleet the Applicant seeks to register under the Plan accrues distance, and (iii) where Records of the Fleet are maintained or can be made available. (c) To establish Residence in a Member Jurisdiction, an Applicant must demonstrate to the satisfaction of the Member Jurisdiction at least three of the following: (i) if the Applicant is an individual, that his or her driver’s license is issued by that Jurisdiction, (ii) if the Applicant is a corporation, that it is incorporated or registered to conduct business as a foreign corporation in that Jurisdiction, (iii) if the Applicant is a corporation, that the principal owner is a resident of that Jurisdiction, (iv) that the Applicant’s federal income tax returns have been filed from an address in that Jurisdiction, (v) that the Applicant has paid personal income taxes to that Jurisdiction, (vi) that the Applicant has paid real estate or personal property taxes to that Jurisdiction, (vii) that the Applicant receives utility bills in that Jurisdiction in its name, (viii) that the Applicant has a Vehicle titled in that Jurisdiction in its name, or 29 (ix) that other factors clearly evidence the Applicant’s legal Residence in that Jurisdiction."

http://c.ymcdn.com/sites/www.irponline.org/resource/resmgr/publications/irp_plan_2018.pdf

 

That's probably what I'll do. I don't care about being 100 percent legal. I have a right to keep my home address private from prying eyes.

 

In this day in age it really don't matter no more. Everybody wants your address for something. Credit card companies got it, advertising companies sell it, the gov's got it, the states got it, all your utility people got it, cell company has it, enough digging on the internet then just about any one else can too.

Can't even hardly go shopping without the places you buy from wanting your address too

 

It matters to me. I don't want random psychos showing up on my doorstep. Also, none of your mentioned places publicly list my home address for the world to see. Big difference.

 

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Comdata was asking about an irp registrant business, that is completely different then a virtual office. Ok, let's say you rent a physical office space that you'll share with your buddy because hey you're on the road a lot and he needs a place for his start up as well. You hire a receptionist that you share with your buddy as well. In your argument that would mean you couldn't use that office space now as an established place off business.

There is a very big difference between the two types. Plus in order to show proof you must provide 3 things showing established place of business such as a utility bill with that address (I'll change my cell phone bill address), a bank statement with that address (that's easy to change as well), and if you're a corporation (like an LLC) it must be registered with the state showing that address as well and to top it off, someone is there to greet anyone that walks in. That is why you can't do a po box as a way to establish a business presence. I've already changed my address with the fmcsa. I'm submitting the paperwork to change the address on my irp account. My llc filings have been updated with the me new address, as well as my bank and all other business related items. I think I've done pretty well in showing I'm established in my base jurisdiction. We'll see i guess.