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Interstate commerce vs. Intrastate commerce

Discussion in 'Trucking Industry Regulations' started by blazblu82, Jan 12, 2014.

Page 1 of 3
  1. Jan 12, 2014 #1
    blazblu82

    blazblu82 Light Load Member

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    Jun 4, 2013
    Wichita, KS
    0
    Greetings,

    Uncertain if this is in the right area. I recently received my diabetes exemption from DOT allowing me to drive interstate commerce only. I understand the defined differences between interstate and intrastate; however, I am confused by certain scenarios I may find myself in. For example, say I take a load from KC, KS and it delivers in Denver, CO. Obvious interstate load. Now, once I deliver that load, I get assigned another load which I receive in Denver and it delivers somewhere else in Denver or another town in Colorado. Does this new load qualify as intrastate since I won't be leaving Colorado; or, is this still interstate since the carrier works the entire Nation?

    DOT defines the two, but they don't clarify how certain loads would be handled. I'm assuming intrastate only applies if I am hired onto a carrier that works solely in my state and never crosses boundaries; but, take a carrier such as Swift Trans who is a national carrier and I assume anything they do would be considered interstate.

    I hope someone can set me straight on this. I have inquired this to DOT in the past and can't get a clear answer.

    Thanks!
     
    blazblu82, Jan 12, 2014
    blazblu82, Jan 12, 2014
    #1
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  3. Jan 12, 2014 #2
    baha

    baha Road Train Member

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    your good now that you have exem. the man will be CK. your driving lic. for any and all vol. regularly, you can haul anything that the CO. you drive for can haul.
     
    baha, Jan 12, 2014
    baha, Jan 12, 2014
    #2
  4. Jan 12, 2014 #3
    blazblu82

    blazblu82 Light Load Member

    98
    44
    Jun 4, 2013
    Wichita, KS
    0
    Ok, I am trying to decipher your code here. You say I'm good now that I have the exemption. The main thing to check for are driving violations regularly. I can haul anything my company can haul. Did I get it right?

    I'm not trying to be a prick or anything, just needed to be certain I read your response correctly.

    Thanks!
     
    blazblu82, Jan 12, 2014
    blazblu82, Jan 12, 2014
    #3
  5. Jan 13, 2014 #4
    baha

    baha Road Train Member

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    yes the ones that gave you the exem. will be CK. on your driving record very reg. Most CO. wont know that you can drive CMV. so be ready to be sent home.
     
    baha, Jan 13, 2014
    baha, Jan 13, 2014
    #4
  7. Jan 13, 2014 #5
    KW Cajun

    KW Cajun Road Train Member

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    Apr 12, 2013
    Copperhead Road
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    It appears you're only referring to a medical exemption for your DOT medical qualifications (medical card), correct?
    Interstate commerce (or intrastate commerce) does not mean just the transportation, as the "commerce" means the sale of goods.
    If you are not involved in the selling of goods, interstate or intrastate, you have nothing to worry about.

    With you being qualified as "Interstate" (I assume classified "NI"), you're good for driving anywhere, (local, intrastate, or interstate).
    I'll try to find links/regs to explain the details, if you need.
     
    KW Cajun, Jan 13, 2014
    KW Cajun, Jan 13, 2014
    #5
  8. Jan 13, 2014 #6
    blazblu82

    blazblu82 Light Load Member

    98
    44
    Jun 4, 2013
    Wichita, KS
    0
    Yes, I am referring to FMCSA Diabetes Exemption Program. It's for those who are on insulin. I just got my exemption paperwork Saturday with a 12/24/13 approval date.

    I read this > http://www.fmcsa.dot.gov/about/other/faq/faqs.aspx?FAQType=11#question2 to figure out their definitions of interstate and intrastate commerce. If you read this> http://www.fmcsa.dot.gov/rules-regulations/topics/medical/exemptions.htm, it provides a slightly different understanding about the commerce types.

    Based on what the second link states, any cargo I haul must cross a state line or has the intent of crossing a state line.

    I gotta be making this more difficult on myself. Yeah, if you can find them, I'd appreciate it; because, I keep getting confused. Thanks!
     
    Last edited: Jan 13, 2014
    blazblu82, Jan 13, 2014
    blazblu82, Jan 13, 2014
    #6
  9. Jan 13, 2014 #7
    KW Cajun

    KW Cajun Road Train Member

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    OK, it sounds like you filed in KS as "intRAstate", but the reality is, you need to be listed as "intERstate" in oredr to travel across state lines.
    There are 4 "classifications" when you apply.
    The link below will explain them. For example, my med card is filed under "NI", which is the two letter designation for "Non-excepted Interstate" operation.
    Note that the word is Non-Excepted... NOT Non-Exempted.
    Lemme know if you have any other questions after you read DOT's designations.
    Look under Question/Answer #2 in the linked page.

    New Medical Certification Requirements: A Guide for Commercial Driver’s License (CDL) Holders - Frequently Asked Questions (FAQs)
     
    KW Cajun, Jan 13, 2014
    KW Cajun, Jan 13, 2014
    #7
    blazblu82 and baha Thank this.
  10. Jan 13, 2014 #8
    baha

    baha Road Train Member

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    You must send copy of exem. to state to get restriction lifted. when you fill out app.at new co. send copy of exem. with it.
     
    baha, Jan 13, 2014
    baha, Jan 13, 2014
    #8
    KW Cajun and blazblu82 Thank this.
  11. Jan 13, 2014 #9
    blazblu82

    blazblu82 Light Load Member

    98
    44
    Jun 4, 2013
    Wichita, KS
    0
    Actually, I filed the exemption with FMCSA. I haven't filed anything with KS yet.

    So, when the time comes for me to submit the self-certify to KS, I will want to pick #2 on this form> https://www.kdor.org/dl/KCDLCertificate.aspx?

    Thanks for all the help!
     
    blazblu82, Jan 13, 2014
    blazblu82, Jan 13, 2014
    #9
  12. Jan 13, 2014 #10
    KW Cajun

    KW Cajun Road Train Member

    2,383
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    Apr 12, 2013
    Copperhead Road
    0
    OK, sorry I already had one of the same links posted as the one you already read.

    You are simply reading into the definition too much, and wrongly.
    Definition,, INTERSTATE COMMERCE : Interstate commerce is trade, traffic, or transportation involving the crossing of a State boundary of vehicle, cargo, or its passengers, or there must be the intent to cross a State boundary to be considered an interstate carrier.

    Note that it says the vehicle, not just the cargo. Even though you are picking up cargo in Denver and bringing it to a receiver in say,, Loveland, CO, does not mean you, as a freight hauler are operating that load as "intrastate" commerce. Your truck still crosses state lines from your previous load, or your following load.
    Hope this helps.
     
    KW Cajun, Jan 13, 2014
    KW Cajun, Jan 13, 2014
    #10
    blazblu82 Thanks this.
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