Intrastate vs interstate permits

I hope you don't mind, but I am going to get nit-picky a bit with your comment. If you have the authority to operate interstate in that state I don't think you will need intrastate authority, because that is already granted by the IRP tag you should have. People sometimes fail to understand there is interstate, then there is actually having "interstate" authority to operate as it applies to IRP. This is why I always just let my company maintain my permits, I just carried the permit book in when I was in my home terminal. I remember a driver being busted by the DOT at the Banning California scale because he was not authorized to be in California. If I remember the story correctly California had that truck towed until the rig was properly permitted per IRP. And, YES they do check those IRPs VERY carefully.

 

You're complicating it, it is this simple, all states look at this >>>> if a truck, not load but truck crosses the border, then it is interstate load. A lot of companies deliver to docks for intrastate carriers just inside of the border.

 

It is you that seems to want to complicate. I took my comment right out of part 390.3 Regulatory Guidance question # 6.

Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.


States can "look" at whatever they want to, but THIS is how the FMCSA has instructed them to do it. You go by what the bills say, because this is how the shippers intent is determined.

Edited: It is a given that when a truck crosses a border they are in interstate commerce, this topic is not about crossing a border. Its about proper permitting for intrastate in Texas.

 

What is FMCSR?
The FMCSR outlines the minimum standards for anyone who operates a commercial motor vehicle in interstate commerce.

From a legal standpoint, “interstate commerce” includes transportation, trade or traffic that takes place from one state to another, including transportation from a state across U.S. borders. It’s important to note that there are also intrastate regulations that can preclude the federal regulations and apply only to the operations that stay within state lines. With so many rules, regulations and exemptions, the FMCSR can get complicated very quickly.

While there’s a common misconception that the regulations only apply to tractor trailers, they actually become applicable for any vehicle with a weight of 10,0001 pounds or greater. That means that a heavy-duty pickup truck, such as a Ford F-350, pulling a small axle trailer with a tractor on it must comply with the federal regulations. Even if that vehicle is being used for non-commercial purposes, it may fall under the FMCSR requirements.

 

You still need to consider the origin, before the DOT shot down most intrastate authorities; we would load intrastate PA loads of chemical products that originated in the gulf coast and were off-loaded into PA storage facilities.

At the same time we couldn't do an intrastate load from the paint plant across the street because the product was manufactured in the state.

Dry Bulk shipped in by rail, etc. were all interstate shipments where we thumbed our noses at the PA PUC....

 

I was educated long ago by the ICC police in Illinois, You pick up a shipment in the state, and deliver in the state, that's, intrastate, I don't care how many states you have on your IRP. In Illinois you have a Illinois Authority, you were allowed to go into what was called the Comercial Zone in Indiana. Before deregulation it was common practice to be stopped and the Oficer would check your freight to determine if it was on your Authority. I pick up steel at Camden or Port of Baltimore, doesn't make any difference where it was produced, The BOL says where I picked it up at. It's not rare to be instructed take the tags off, or make a blind BOL so the receiver won't know where the load came from.

 

Just because one LEO is wrong doesn't a law make. There is law about this almost on the day the there was even a United States. At least since 1800...
Now like you state though it's the load that matters, not the material, not the driver. A new bol is a new load.

Guidance was posted and like I said this is case law settled long before DOT, or semi's, or even asphalt/concrete roads. It was settled in the horse and buggy days long before deregulation, or even trucks.

 

I picked up shipments going out of state, the BOL had the origin and destination on the paper work. Get stopped, on the way to the Interstate carriers,, no problem. States have their on rules