Can a Canadian driver get a USDOT & US MC License?

Discussion in 'Canadian Truckers Forum' started by gat77, Aug 20, 2010.

  1. gat77

    gat77 Bobtail Member

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    Aug 20, 2010
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    I am interested in knowing more information regarding a Canadian-based carrier getting a USDOT & US MC License. Is it possible to have a dual-type of authority and if so how would one go about obtaining the proper license? I appreciate any information. Thank you.
     
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  3. mgfg

    mgfg Road Train Member

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    What exactly are you trying to do? Are you wanting to move crossborder freight and also domestic freight? This is done with the same USDOT Number.
     
  4. gat77

    gat77 Bobtail Member

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    Aug 20, 2010
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    Already moving freight across the border and back. I am interested in finding out if it is possible for me to get the same authority/license as US-based carriers regardless of the fact that I am Canada-based. Any information is appreciated.
     
  5. lostNfound

    lostNfound Road Train Member

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    Yes you can get a U.S. authority (and should already have if you are hauling into / out of the U.S.). No, you cannot haul point-to-point in the U.S. (cabotage applies).

    You can haul point-to-point if you establish a U.S. presence and then operate your truck(s) under that authority; i.e., set up a U.S. based company (assuming you are legal to do so)... I have seen this done.
     
  6. johnday

    johnday Road Train Member

    Isn't that what Challenger did with MCX out of Detroit?
     
  7. lostNfound

    lostNfound Road Train Member

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    I am not familiar with that specifically (I know who Challenger is), but it isn't uncommon. I expect that for any U.S. based business, even though it may be a subsidiary of a Canadian company, that any drivers would have to be legal to work in the U.S., i.e., have their green card. In some cases this can be relatively easy to get for an O/O that is setting up a U.S. company.
     
    johnday Thanks this.
  8. dangerous

    dangerous Bobtail Member

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    heck if ya hire some good north american indians with treaty cards pay the tax base min on truck they can interstate crimminal records dont mean a thing the them when dealing with home land security heck i ran into a eskomo who lives in denver he's doing real good he has a treaty card
     
  9. 3noses

    3noses Light Load Member

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    North American natives have work rights in North America simply because their ancestors were here LONG before any white men showed up to set up borders, laws, and the millions of regulations we live with today, for good or ill.
    This is an example of the mother of all grandfather laws, as Saddam might have put it. Like Rodney King, he will probably only be remembered for coining one catchy phrase.
    Lostnfound is correct, the same DOT # is all that is needed, but a driver hauling only in the states on a load would need some kind of legal work status to avoid any interstating issues.
    Good luck with your plans.
     
  10. Prairie Boy

    Prairie Boy Road Train Member

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    The equipment can haul at any time, the kicker is the driver has to be an American Citizen or have a Green card.

    Here's the cabotage rules.

    The following document only paraphrases the regulations on cabotage of the Immigration
    and Naturalization Service and the U.S Customs Service. The contents may not be relied
    upon as a substitute for the official regulations. Although the FMCSA makes every effort to
    assure that the information provided is complete an accurate, it is not intended to take the
    place of published regulations of the Immigration and Naturalization Service or the U.S.
    Customs Service. For questions on those regulations, contact the U.S Customs Service, Office
    of Regulations and Rulings, 202-927-1327 or Immigration and Naturalization Service, Office
    of Inspections, 202-514-3019. You may also contact them through the link to their website
    below.
    www.ins.usdoj.gov/graphics/index.htm
    www.customs.treas.gov
    Cabotage Rules for Canadian-Based Drivers
    The U.S. Customs and the Immigration and Naturalization Service (INS) are responsible for the
    development and enforcement of cabotage restrictions relating to surface transportation in the
    United States. Cabotage refers to the point-to-point transportation of property or passengers.
    Canadian motor carriers are required to comply with U.S. Customs rules and regulations relating
    to cabotage while in the U.S. Canadian drivers are required to comply with INS rules and
    regulations relating to entry into the U.S. and performance of work while in the U.S.
    It should be noted that while in most cases INS and U.S. Customs regulations are intended to be
    consistent, differences between the regulations do exist. To be in full compliance, both the
    Canadian driver and the Canadian-based vehicle must comply with the appropriate regulations.
    The following is synopsis of U.S. Customs and INS rules and regulations relating to cabotage
    and Canadian driver requirements
    U.S. Customs Requirements:

    1.
    Domestic Moves. Generally, Canadian carriers are prohibited from engaging in
    domestic traffic in the U.S. Canadian carriers are allowed to make international moves.
    Determination of the type of traffic (international or domestic) is based on the origin and
    destination of the cargo. Vehicles engaged in the transportation of cargo originating in
    Canada and terminating in the U.S. or Mexico is considered an international move. This
    includes vehicles transporting cargo for only a part of the complete international trip.
    2. Repositioning of Empty Vehicles. The movement of empty vehicles between two
    points in the U.S. is not considered a domestic move. The U.S. Customs no longer
    defines an empty vehicle as Amerchandise@ and, therefore, the repositioning of empty
    vehicles does not involve the transportation of merchandise. Canadian carriers are
    allowed to reposition empty vehicles within the U.S.
    3. In-Transit Cargo. In-transit cargo refers to the transportation of merchandise having
    both a U.S. origin and destination that travels through Canada. For example,
    merchandise transported between Buffalo, NY and Detroit, MI that goes through Ontario
    is in-transit cargo. The transportation of in-transit cargo either entering or leaving the
    U.S. on Canadian-based vehicles is allowed provided either prior or subsequent transport
    is performed by U.S-based vehicles. Using the example above, a Canadian carrier would
    be allowed to transport merchandise with an origin of Buffalo, NY and a destination of
    Detroit, MI provided some portion of the trip was performed by a U.S.-based carrier
    (Buffalo, NY to Windsor, ON on a Canadian-based vehicle; Windsor, ON to Detroit, MI
    on a U.S.-based vehicle).
    4. Use of Canadian-based Vehicles for Domestic Transportation. Generally, the use of
    Canadian-based vehicles for domestic movement of merchandise is prohibited. There is
    one exception. A domestic movement incidental to the immediate prior or subsequent
    engagement of a vehicle in international transportation is allowed. Incidental is defined
    as Ain the general direction of an export move or as part of the return movement to their
    base country@. It includes a movement en route to the pick-up of an export move. For
    example, a Toronto, ON-based carrier transports merchandise originating in Toronto and
    terminating in Miami, FL. The vehicle can then be used to pick up merchandise in Miami
    for delivery to St Louis, MO (a domestic move) where an export move will be picked up
    for delivery to Canada. The movement of merchandise from Miami to St Louis is
    considered incidental to the immediate prior or subsequent engagement of such vehicle in
    international transportation. The Canadian-based vehicle can also transport a domestic
    move in the general direction of an export move and then immediately return empty to
    Canada.
    The purpose of this change in cabotage regulations was to allow more efficient and economical
    utilization of vehicles both domestically and internationally.
    INS Requirements:
    1.


    Temporary Visitors for Business. Canadian truck drivers must meet the general entry
    requirements as a visitor for business. The requirements include:
    $


    have a residence in a foreign country which he or she has no intention of
    abandoning,
    $


    intend to depart the U.S. at the end of the authorized period of temporary
    admission,
    $


    have adequate financial means to carry out the purpose of the visit to and
    departure from the U.S., and
    $


    establish that he or she is not inadmissible to the U.S. under the provisions of
    section 212(a) of the Immigration and Naturalization Act, which includes such
    grounds of inadmissibility as health-related, criminal, subversive, public charge,
    improper manner of arrival or improper documents, other immigration violations,
    and several other categories of ineligibility.
    2. Documentary Requirements. Each applicant for admission as a visitor for business is
    required to satisfy the inspecting officer of his or her citizenship. An oral declaration may
    be accepted or the inspecting officer may request supporting documentation. Such
    documentation may include, but is not limited to, a passport, a birth certificate, or a
    certificate of citizenship.
    3. Key Principles Relating to Cabotage.
    $


    Drivers may be admitted to deliver or pick-up cargo traveling in the stream of
    international commerce.
    $


    Drivers may not engage in point-to-point hauling within the U.S.
    $


    Drivers may not engage in any activity that qualifies as local labor for hire.
    4. INS Regulations. Canadian-based drivers may transport goods or passengers to the
    U.S. from Canada if all goods or passengers to be delivered were loaded in Canada.
    Likewise, Canadian-based drivers may load and transport goods or passengers from the
    U.S. to Canada provided no unloading occurs in the U.S. They may also load goods or
    passengers at various locations in the U.S. only if all goods and passengers will be
    unloaded in a foreign country.
    Purely domestic service (point-to-point within the U.S.) is not permitted.
    Solicitation, in competition with U.S. operators, is not permitted. This means that a
    Canadian-based driver cannot solicit a return load for delivery to Canada while in the
    U.S. Any return load must be pre-arranged.
    5. Examples of Permissible Movements by Canadian-based Drivers.
    $


    A shipment from Canada to one or more locations within the U.S.
    $


    A return shipment from one or more U.S. pick-up locations for delivery to Canada
    provided the pick-ups were pre-arranged.
    $


    Delivery of a shipment from Canada to the U.S., drive with the same empty trailer
    to another U.S. location, live load that trailer for delivery to Canada.
    $


    Delivery of a shipment from Canada to the U.S., drive with the same empty trailer
    to another U.S. location, drop the trailer, pick up a second loaded trailer for
    delivery to Canada.
    $


    Delivery of a shipment from Canada to the U.S., pick up a different empty trailer
    and drive to another U.S. location, live load that trailer for delivery to Canada.
    $


    Delivery of a loaded trailer from Canada to one U.S. location, drive the tractor
    (with no trailer) to another U.S. location to pick up a loaded trailer for delivery to
    Canada.
    $


    Canadian relay drivers may drive entirely domestic segments of an international
    move. For example, a Canadian driver may drive a vehicle (transporting an
    international shipment originating in New York City and destined for Montreal,
    PQ) from New York City to Albany, NY where another Canadian driver takes
    over and completes the trip by driving from Albany, NY to Montreal, PQ. The,
    driver does not need to enter the U.S. with the vehicle, but must enter within a
    reasonable period.
    $


    Drivers may perform activities that are Anecessary incidents@ of international
    commerce, such as loading or unloading international cargo.
    $


    Drivers may be paid by a U.S. carrier/employer, provided the driver is engaged
    solely in the international delivery of goods and cargo to or from the U.S. The
    driver must qualify as a visitor for business.
    6. Examples of Movements Not Permitted by Canadian-based Drivers.
    $


    Pick up a shipment at one U.S. location for delivery to another U.S. location
    $


    Reposition an empty trailer between two points in the U.S. when the driver did not
    either enter with or depart with that trailer.
    $


    Pick up additional domestic shipments to fill up a partially filled trailer carrying
    an international shipment.
    $


    Solicit shipments for delivery while in the U.S.
    Conflicts Involving U.S. Customs and INS Regulations
    U.S. Customs regulations allow for Canadian-based vehicles to transport domestic shipments
    (point-to-point in the U.S.) when the shipment is incidental to the immediate prior or subsequent
    engagement of the vehicle in an international movement. INS regulations do not allow a
    Canadian-based driver to pick up a shipment at a U.S. location for delivery to another U.S.
    location. It should be noted that the U.S. Customs regulations provide that the Canadian-based
    driver must be in compliance with the applicable INS regulations to operate a vehicle in this type
    of move. Because the INS regulation prohibits this type of move, in effect, the U.S. Customs
    regulation is moot at the present time.
    U.S. Customs regulations do not consider the repositioning of any empty trailers domestic
    transportation and allow Canadian-based drivers to execute such movements. INS regulations
    prohibit Canadian-based drivers from repositioning empty trailers unless the driver either entered
    with or departed with that trailer.
    Relevant Reference Material
    $


    U.S. Customs Notice dated October 1, 1997
    $


    U.S. Customs Memorandum dated May 8, 1998
    $


    Treasury Decision (T.D.) 99-10 published in the Federal Register dated February 16,
    1999
    $


    19 USC 1592
    $ 19 CFR 123.14

     
  11. canuck in da truck

    canuck in da truck Road Train Member

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    soooo if i am a canadian citizen with a green card/ a fast card and a twic and hazmat card---do i have a full house?
     
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