Looking for legal clarity, say i had a business restoring old vehicles and I drive to the far corners of the United States to retrieve these vehicles. At what point to do I cross the line into interstate commerce?
thanks
hauling my own stuff for my own business across state lines ?
Discussion in 'Expediter and Hot Shot Trucking Forum' started by hertfordnc, Dec 24, 2014.
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interstate commerce
n. commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the federal government according to powers spelled out in Article I of the Constitution. The federal government can also regulate commerce within a state when it may impact interstate movement of goods and services, and may strike down state actions which are barriers to such movement under Chief Justice John Marshall's decision in Gibbons v. Ogden (1824). Theoretically commerce is regulated by the Interstate Commerce Commission (I.C.C.) under authority granted by the Interstate Commerce Act, first enacted by Congress in 1887. This authority has been diffused among various federal agencies, and the I.C.C. may soon be history.
http://legal-dictionary.thefreedictionary.com/interstate+commerce -
It is my understanding you can haul your own stuff wherever you want without being "commercial"; just be sure to have the receipts of sale or some proof it's your own if it appears to be commercial. Of course you still need a CDL to drive a CDL truck.
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Since you stated that you have a business restoring cars, then the movement of the cars and associated parts would be commerce, so you would be no different than any private fleet, meaning you would need to comply with all the same DOT rules as everyone else. If you were moving these cars for your own personal use, meaning this was a hobby, then it would not be interstate commerce and no regulations would apply.
Lite bug Thanks this. -
SO if a restaurant in Boston takes truck to Portland Maine for lobsters they would need DOT numbers and a CDL if the truck had a GCW in excess of 10,001 lb?
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heyns57 and otherhalftw Thank this.
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And... yes.
I work for a company that buys & recycles plastic. We buy the scrap plastic, I go pick it up in our truck. We have to abide by the same DOT regulations as any other transport company. We then recycle our product (for example into plastic pellets) & sell it to our customers. We put it back in the same vehicle & I take it to the customer. Same DOT rules as anyone else. Its for commercial property/product transport... its not personal property.
You can transport personal property, but when it becomes commercial property (for profit/business/commercial/resale/sold etc) then it comes under DOT rules.
If you are transporting vehicles for commercial use, for example, you buy & sell cars, you recycle/refurbish/rebuild cars for profit, its commercial... therefore it come under DOT rules. If you buy the car for any of the above related reasons, its for "for profit" so it comes under DOT rules.
If you're buying a personal car & its for personal use, you can strap it to the top of a Kia & bring it home outside of DOT rules. Its personal... not commercial.
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oh yeah, but you would still need to keep a log, right?
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