Interstate Carrier operating Intrastate

What do you haul from where to where? The reason I'm asking is just because your leg is Intrastate, does not mean the cargo you haul is. For example if you pick up a can in Laredo and deliver in Dallas that came across from Mexico, that product is interstate as it crossed state lines.
On the same token, if you pick up say sand in Waco, haul it to an oil site in Midland, that would be Intrastate. It's 100% dependent on the origin of the shipment and destination, not where you are picking up/taking to.
Now on the other hand, if you pick up from a cross dock in Laredo, and the BOL states shipper is the ctoss dock, delivering to Dallas, then that would be Intrastate. It doesn't matter how the product got the the cross dock, it's a new shipment at that point.

 

The FLA registration on the equipment, and ownership of the company may come into their decision.as you are the subsidiary location, your moves can possibly be considered as interstate in origin.

I don't think TX PUC can impose intrastate rules onto a vehicle from another state; you are moving you own stuff not goods for others.

 

I believe the company has decided to err on the side of caution. As you stated, 90% stays within Texas but that means 10% is Interstate. Your company has decided to operate as an Interstate carrier all the time to avoid conflicts in hours of service and commercial driver qualifications for the 10% of the time they operate outside Texas.

Nothing in the regs say they have to use the more permissive rules that Texas affords to Intrastate operations, although they will still have to comply with all applicable TX DOT operating authority requirements for the instate moves.

 

I am seeing this as they have several locations in many states, or at least two. I would assume they are following interstate rules as one way to ensure everything is legal across the board. Are you pulling a trailer? Tx also says three or more axles regardless of weight.

 

Im having the same issue here in Texas as well. We move containers from Amarillo to the rail in Dallas or port in Houston. Because of the cargo's destination which is overseas, Ibhad to register under interstate. But what you are saying is it all depends on what the BOL says. If the shipper states that it is going from Amarillo to Dallas rather than Amarillo to Hong Kong on the BOL would that make the move intrastate?