CABOTAGE???

Discussion in 'Canadian Truckers Forum' started by Brucesmith, Aug 26, 2020.

  1. skipgears

    skipgears Medium Load Member

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    No need to worry, another 5 years and the autonomous computer will be doing all the cabotage work for us, while we sit home on UBI
     
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  3. roshea

    roshea Road Train Member

    The citizenship and residence of the driver also matter. So far everyone is assuming a US carrier has US driver and a Canadian company has a Canadian driver. If a US company has a Canadian driver (citizen and living in Canada) then he/she may only do cross border trucking to the US and not haul within the US, but is able to do domestic carriage freely within Canada. Likewise a Canadian company hiring a US citizen residing in the US, that driver can operate freely within the US but can only haul cross border to Canada and return with no domestic transportation allowed within Canada.

    So that company referenced early wanting to hire drivers to do US based runs, even though the are in Canada, could use US citizen drivers for point to point runs within the US.

    This requires some "reading between the lines" and is from DHS cabotage guide for drivers

    Q. May a U. S. carrier employ foreign drivers?
    A. The question of who employs a foreign driver seeking admission as a temporary visitor for business is one of many factors to consider in evaluating whether the driver may be admitted for immigration purposes. Such a driver must have an established foreign residence that he or she does not intend to abandon and must otherwise be admissible. If the truck driver is admitted as a temporary visitor for business he or she may not engage in point to point hauling within the United States, irrespective of who employs him.

    Interpret this as a US company hires a Mexican or Canadian driver (citizen and resident of their respective country) who is free to operate in their own country, but when coming in to the US is a foreign worker and must obey US cabotage rules while operating within the US, regardless of working for a US based carrier. There are many drivers working for companies across the border like this.

    So, simply saying a carrier cannot haul point to point, or reposition trailers in the US or Canada, needs further investigation to determine whether the move is in fact compliant or not, the nationality and residence of the driver must be known.
     
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  4. not4hire

    not4hire Road Train Member

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    Yes. As is also the fact that certain peoples from Canadian First Nations and Native Americans can freely cross the border and work in either country subject to the Jay Treaty. I know a couple of members of this forum that qualify.

    There was no mention in the op to the ad referencing either of those exceptions and the vagueness of the "Canadian BOL" answer leads one to believe the carrier is skirting the law. I would expect a company that engages in the legal execution of such transportation to be fully forthcoming and transparent. It is also possible they were and the OP just misunderstood them, but I'm inclined to believe the OP and that the carrier is being dishonest.

    There was a member of this forum that I worked with at another carrier who did exactly what you describe. He lived in the lower mainland of BC, but worked for a WA carrier. He picked up his truck in WA, came back across the border, made his deliveries and then returned the truck to WA and came back across to his home. Conversely, I have leased on to US carriers.
     
  5. magoo68

    magoo68 Road Train Member

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    Kinda a interesting thought. So if the driverless truck is American can the owner be from China or Mexico etc.
     
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  6. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    It's just another reason we should have closed borders.
     
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  7. '88K100

    '88K100 Road Train Member

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    The deal smells bad, don’t touch it
    Hell ya keep the borders closed. No reason at all to open, none!
    Covid 19 Deaths USA 182,000
    Covid 19 Deaths Canada 9,000
    ;)
     
    Last edited: Aug 29, 2020
    Ol'Shusquatch and not4hire Thank this.
  8. AModelCat

    AModelCat Road Train Member

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    Covid's a lie anyways. The numbers are most likely pumped up to scare everyone.
     
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  9. 062

    062 Road Train Member

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    I listened to a interview of a doctor in North Carolina and that’s what he said. I don’t know about other states but a person can be tested five days a week here. In theory the results could be inflated by as much as 5x
     
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  10. Ol'Shusquatch

    Ol'Shusquatch Light Load Member

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    Why not bring that topic to the politics section? Haven't seen that one in awhile and even the covid issues with masks and the hoax aspect has been absent. Look forward to seeing ya there.
     
    not4hire Thanks this.
  11. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    I didn't realize that illegal activity was a political topic, along with the security of my nation. Preventing criminals from entering my country seems more common sense to me.
     
    Wasted Thyme Thanks this.
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