Cross state compliance

Discussion in 'Hazmat Trucking Forum' started by bsitshort, May 30, 2019.

  1. bsitshort

    bsitshort Bobtail Member

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    May 30, 2019
    California
    0
    I haul hazmat intermittently with an F250 and a trailer. The F250 by itself has a GVWR of 10000lbs. Under federal standards, it is not a CMV unless I have my trailer attached which is also GVWR of 10000lbs. The truck has IRP apportioned plates from Utah, our main office. My truck operates in CA. CA has a different definition of CMV than the feds or Utah. Who has jurisdiction over the definition of CMV in this instance? I have a Bit inspection coming up and they lead me to believe that they think my vehicle is a CMV all of the time. We have more than one vehicle in several states. I'm not going to pre and post trip an F250 that I take to the supermarket and doesn't have any hazmat.
     
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  3. brian991219

    brian991219 Road Train Member

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    Not the answer you want, but it depends. Here is what I mean by that, if you are engaging in interstate commerce then the FMCSA has jurisdiction and their rules apply. If you are engaging in intrastate commerce within California then their rules apply and it will be a commercial vehicle all the time.

    Either way, once you load haz-mat it is a Federal rules that apply, even if it were in a Toyota Prius. Absent the haz-mat, it reverts back to the intent of what you are doing at the time, interstate v. intrastate commerce.
     
  4. Ridgeline

    Ridgeline Road Train Member

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    Your truck is a CMV in all fifty states because you have apportioned plates.

    I think you also have to log because you are hauling hazmat no matter what the truck is plated for or the GVWR is.
     
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