21 For Interstate Drivers

Pete,

That's the way it is, my opinion doesn't matter, thats the way it is enforced. I see a lot of F350/450 aand 550 with a 18-19 year old driver that is across State lines. They are baby trucks, but none the less are in violation as well. I don't believe you will see this regulation changed in the near furure. Here is some other guidence questions in the interpratation section that deals with interstate:

390.5

Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?

Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the FMCSRs. If the motor carrier is allowing the driver to use the vehicle for private personal transportation, such transportation is not subject to the FMCSRs.

Question 6: Is transporting an empty CMV across State lines for purposes of repair and maintenance considered interstate commerce?

Guidance: Yes. The FMCSRs are applicable to drivers and CMVs in interstate commerce which transport property. The property in this situation is the empty CMV.

 

Injun gets it.

I believe you, dieselbear, but by that criterion local drivers taking containers from ports or terminals in Long Beach to warehouses in the Bay Area would all be in violation. Ditto guys who haul from the docks in Seattle to distribution centers in Spokane. If the 18-year in your example old intended to haul to Latta, then that's interstate commerce and he's busted. But if he's just going from Jacksonville to Tampa, he's good, he's hauling intrastate.

 

The local driver you are referring to is in interstate commerce. Look at the reg.:


Interstate commerce means trade, traffic, or transportation in the United States' (1) Between a place in a State and a place outside of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States


That's the regulation. If the load is interstate, an 18 year old local is in violation of 391.11 (not qualified)
I didn't make the rule or regulation. But it is what it is.

 

I know DB it is what it is, but the all knowing rule makers make way to many knee jerk rules to fix problems they made in the first place.

 

CORRECT-A-MUNDO !!!!!

But drivers INSIDE a state... IE .. LOCAL DRIVERS..
If the load originates IN STATE, and remains IN STATE, then the 18 y/o is within the law.

Some examples would be a yard dog driver, or a log truck driver, or a dump truck driver, or a concrete truck driver.

This is the basis (one of them) of the laws that have been passed in a few States regarding firearms manufatured and sold WITHIN their borders NOT being subject to BATFE rules.