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.

  1. hertfordnc

    hertfordnc Bobtail Member

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    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
     
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  3. Alaska76

    Alaska76 Road Train Member

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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
     
  4. NWstates

    NWstates Bobtail Member

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    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.
     
  5. brian991219

    brian991219 Road Train Member

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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.
     
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  6. hertfordnc

    hertfordnc Bobtail Member

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    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?
     
  7. brian991219

    brian991219 Road Train Member

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    Yes, it is no different than the WalMart private fleet, they haul product they own to their own stores and have a DOT number. Same for the business I am in, local car dealers with their own tow truck to move cars from the auction to their lots and back all have DOT, medical card, etc. The only thing they don't need is a MC number since they are not for hire they do not need operating authority. However, if they move a car for a repair or customer then they would be for hire and need operating authority as well, except in certain states where disabled vehicle for repair are an exempt commodity. Even local plumbers, landscapers, etc are DOT regulated if they operate a truck over 10,001 GVWR and cross state lines, hell sometimes your truck doesn't even have to leave the state, just the freight you are hauling has to originate or terminate out of state, even if you only move it locally, i.e., package deliveries, they are interstate commerce and need to comply with all the rules.
     
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  8. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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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.

    So, yes again.... Its for commercial use. Its for resale. It doesnt matter if you go get it in a Kia, its for commercial use. Its not personal. If your going to Maine to buy 2 lobster for you & your wife's dinner tonight, its personal. Pick it up, bring it home DOT free, but if you takke it to the resturant for resale... its commercial... It comes under DOT rules... Kia & all.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    You don't need a cdl, it is under 26k.
     
  10. hertfordnc

    hertfordnc Bobtail Member

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    oh yeah, but you would still need to keep a log, right?
     
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