21 For Interstate Drivers

According to the Oregon DOT, here's the definition of interstate:

Intrastate commerce is defined as any trade, traffic, or transportation in any state which is not described in the term interstate commerce. Interstate commerce means trade, traffic or transportation:

• Between a place in a state and a place outside such state;
• Between two places in a state through another state or a place outside of the United States; or
• Between two places in a state as part of trade, traffic or transportation originating or terminating outside the state of the United States.

I was transporting material to a port which was to be loaded on a ship and sent abroad, so it would fall under bullet point #3. As such, it is considered interstate commerce even though I picked up within the state, and dropped off within the state.

The example of going from Ashland to PDX is probably ok, but what happens once the goods get to Seattle? If they go abroad from there then it falls under bullet point #3....

 

Yes, you were involved in international commerce, but you did not drive outside the State of Oregon. Therefore, you were not an interstate CMV operator. I haven't seen yet where you can't be involved in interstate commerce if you're under 21. You just can't personally drive across state lines. That's what ourO/P is running up against. And I completely understand his frustration.

If our younger guys and gals aren't allowed to be involved in interstate commerce, then we better clean house at loading/unloading docks, Walmart DCs, shipping and receiving offices, etc... I guess they can be replaced by illegal aliens.

Please find and quote the ORS that says you can't drive a tractor pulling a trailer that came loaded from out of state to the next state border.

Because FMCSR 391.11(b) states: "Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she---
(1). Is at least 21 years old;"

I looked at Subpart G. I didn't find any exceptions appropriate to this FMCSR. But, again, FMCSR only applies to interstate CMV drivers, not intrastate. Therefore, it does not apply. Oregon Vehicle Code applies. And if Oregon says you can drive a CMV inside the State of Oregon before you're 21, then that's where your license is valid. I ask again: please show the ORS that states you can't be involved in interstate commerce. Because FMCSR is clear on the issue.

I'm not saying it's right or wrong because I've met an awful lot of young people with their heads tied on straighter than their elder counterparts. I'm just saying what it says.

 

As far as the specific law, I read it on ODOT's commercial site. It doesn't reference a specific ORS, but ODOT is allowed discretion in certain areas (setting some speed limits, for example).

However, I did find this link, and it may be of some interest to you. It shows the "interstate" situations and what law applies:
http://www.oregon.gov/ODOT/MCT/docs/InterstateCommerce.pdf

It appears the requirement is federal, not state
49 CFR 390.5.

 

Forget about ODOT. You want the laws then start looking at the FMCSA website

 

Yes, we have the term "Interstate Commerce" well defined seven ways to Sunday. I do believe we have a full understanding of it now.

Our O/P's question (or gripe, depending on how you view it) was with regard to driving a commercial vehicle from Wyoming into Idaho and back. It's closer to his home to go into Idaho than it is to Cheyenne, yet, he is allowed to go to Cheyenne with a CMV but not Idaho. He is not specifically asking about participation in interstate commerce. He isn't selling or buying anything. He drives a truck and he is 20 years old. He wishes to drive the truck into Idaho because he feels his income is limited by the federal rule prohibiting it.

Whether we agree with it or disagree with it, it is in effect and applies in this case. Splitting hairs as to what constitutes interstate commerce is both needless and moot. Definitions of interstate commerce are not the same as definitions of operation of a CMV interstate. While I believe this young man to be fully capable of performing every task necessary to the operation of a CMV, he is nevertheless limited in his area of operation. Regardless of what he hauls, where it originated from and its final destination, he is still limited to the State of Wyoming for his operation of a CMV.

Yes, it bites. But, we all have to abide by it.

 

It's all about the legal definition of being an adult. There was a time that you had to be a land-owning, protestant male over the age of 21 to participate in politics.

18 is for tobacco, "adult books", voting, and the military, 21 for alcohol and interstate trucking.

You can be charged as an adult at 16, depending on the crime.

Write to your congressman, perhaps you can come up with a decent argument for changing the law.

 

Welcome to the wonderful world of CDL's......

I had my "commercial license" and was driving trucks at 17.
Then they changed to CDL's and it was 18 "in state" and 21 OTR.

It's just "regulations".
They'd be accused of doing nothing if they didn't invent problems and pass regulations to solve them.

Hey,
We used to be able to idle our trucks and sleep warm/cool too.

Now you get to freeze or sweat I guess.

More dumbarse "regulations" from the greenie weenies.

 

Injun,

Sido is right, you don't have to cross State lines and can still be considered interstate. Also let's do another example. Let's say an 18 year old CDL A holder is driving 18 wheeler, loaded with general freight. load is picked up in Jacksonville, FL and is destined for Latta, SC. The 18 year old gets stopped outside of Jacksonville for an inspection. He's placed out of service because he's involved in interstate commerce. He's not even left the State, but the intent is. That's the way it is enforced. Seen it at least a dozen times.

 

DB I agree with what your saying but aint that the same as owning a car that will do 140mph but living in a 65mph max state.
Aint that law and or rule got alot of gray area?