Can a US carrier contract Canadian O/O ?

Discussion in 'Ask An Owner Operator' started by Zdravko, May 23, 2017.

  1. fortycalglock

    fortycalglock Road Train Member

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    Well first you'd need to get setup to be able to haul in Canada before you consider leasing a Canadian o/o, don't ya think?
     
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  3. not4hire

    not4hire Road Train Member

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    Meh, minor detail... ;)

    None of the following applies if you contract O/Os that are already hauling under their own Canadian "authority".

    Similar in idea to the U.S., but different in practise. We do not have a federal operating authority. In fact, the feds have remarkably little to say on how things are done as it is primarily provincial jurisdiction. So, a carrier gets either a Commercial Vehicle Operator's Registration (CVOR) from Ontario (and good everywhere else) or a Safety Fitness Certificate from another province if you're not going to operate in Ontario (good everywhere except Ontario). British Columbia also requires a financial bond.

    INFORMATION:
    Ontario CVOR: here
    BC Commercial Vehicle Safety and Enforcement (CVSE): here
     
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  4. Zdravko

    Zdravko Bobtail Member

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    No idea, thats why i asked here :)
     
  5. not4hire

    not4hire Road Train Member

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    Of course, they will need U.S. authority to do cross-border loads (yours or theirs). If operating under your authority they need to do all the same steps as an American O/O would.
     
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  6. Cree trucker

    Cree trucker Bobtail Member

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    @not4hire
    Canadian Native American with ssc. Is it legal to do domestic loads in the USA in a Canadian truck? Cant find it anywhere and 3 border offices gave all different answers, where is this stuff written?
     
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  7. rank

    rank Road Train Member

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    That’s a good one. Try googling:
    cabotage laws trucking native.

    I found this....one TTR member says Natives are exempt but who knows
    Dual Citizenship
     
  8. Cree trucker

    Cree trucker Bobtail Member

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    I have done lots of googling and nothing states that, it has to be written somewhere.
     
  9. not4hire

    not4hire Road Train Member

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    There is a US government produced document on cabotage that explains it as (IIRC; going from memory) a two-part issue:
    1. The people (regulated by Immigration)
    2. The equipment (regulated by Customs)
    The reason for confusion is due to the fact the two departments have different rules and mostly because Custom's rules are somewhat more relaxed when compared to Immigration's.

    As I understand it, you are legal regarding #1 due to your status. The company needs to be legal under #2. I know first-hand of instances where Canadian drivers do domestic Canadian loads in US plated trucks, and where American drivers do domestic US loads in Canadian owned, but US plated trucks. I believe there are individuals on here that claim to have done US domestic loads in Canadian plated trucks... legally. ;)

    Do a search under both Immigration and Customs for cabotage and you should find what you need. I would also contact both departments, but I would contact a regional office, not local. Border officers are mostly just low level workers that know the basics, but get lost when there is an uncommon issue.

    Whenever you find something that supports your position, make sure you keep a copy with you that contains chapter, verse and references. If you can get a ruling/interpretation from someone in an office on department letterhead that would be great. Of course you can seek out a lawyer, but that will prove expensive if you expect them to do a bunch of work for you. Talk to enough lawyers though and you should get enough free advice to point you in the right direction.
     
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  10. rank

    rank Road Train Member

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    I found something when I was googling. I didn’t save the link but it basically said “trucks are treated the same as the rails” with a link to the railroad cabotage rules. I didn’t feel like reading any farther at the time. Wish I had
     
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