Interstate vs. Intrastate commerce Exemptions

Hello All. Brief question regarding Interstate vs Intrastate commerce and exemptions. We are a Utility Construction Company that usually works in Western Colorado and are "Intrastate" registered. We have just a hand full of CDL trucks that haul our equipment from job to job. We have a job coming up in Lake Tahoe California for about a month and am curious what All I need to do to make sure we are covered on our trip there and our trip back to Grand Junction, CO.

 

@brian991219

 

When you say intrastate registered, are you speaking of your US DOT number, your license plates or both? As a private motor carrier of property (what you are as a construction company) you do not need operating authority to cross state lines however there are a few other obligations.

1. You will need a US DOT number registered as a private motor carrier of property -exempt, to allow you to cross state lines with your trucks. Really should already have this because even though you have not physically crossed state lines utility transmission and distribution is typically an interstate activity, so you are technically an interstate motor carrier while servicing this type of work. You can update your existing US DOT number (if you have one) for free online thru the FMCSA website, or you can obtain on online for a fee thru the same website.
2. US DOT number needs to be displayed on all trucks with a gross weight rating exceeding 10,000 pounds for interstate commerce.
3. You will need valid medical certificates for all drivers operating any truck (including pickups) with a gross weight rating of 10,001 pounds or more. These need to come from an examiner listed on the National Registry of Certified Medical Examiners. Google DOT physical in your area if you don't already have valid medical cards. Regardless of local exceptions, once you engage in interstate commerce your drivers need to be qualified to the federal regulations.
4. For trucks greater than 26,001 pounds gross weight rating or gross combined weight rating (CDL trucks) you will need either apportioned registration or trip permits for the states you will operate in between Colorado and California.Being your job is about a month long you will be better getting apportioned registration, the trip permits are very expensive and have other restrictions on the total number of days you can use them.
5. For trucks greater than 26,001 pounds gross weight rating (CDL trucks) you will need an International Fuel Tax Agreement (IFTA) decal and account. If you don't have IFTA you can purchase fuel permits but will have the same difficulties and expense as with the trip permits for out of state use of your Colorado registered vehicles. An IFTA account is usually obtained thru your state Department of Revenue or Taxation and can take anywhere from a few hours to a few weeks to set up. It will require a quarterly filing of all your fuel purchased and miles driven in each state.
6. Any vehicle over 10,000 pounds gross weight rating (including pickup trucks such as an F-350) will need either paper logs or electronic logging devices for the drive between Colorado and California and for any work days in California that exceed 12 hours total time. If under the 12 hours total time you can use the short haul exception to hours of service (suing a time card record for compliance), however any travel days moving from one work reporting location to another must be logged. If this happens more than 8 days in any 30 day period you may be required to use ELDs to record your hours of service compliance.

 

You will find that if you had to deploy from where you are at to the east coast to help out after a hurricane, you bill accordingly and find that the little nicky picky details are waived in time of emergency.

I love what the previous poster put on. I learn something new everyday and this would be it.

 

Thank you very much for all the Great information!! I think we have most of the requirements already covered but again Thank you a Bunch!!
Andy

 

Call each state that you travel througth, I think utilities are exempt and can travel through any state.

 

Risgeline, you bring up a good point and mostly true if they were a public utility and not a contractor. That said many public utilities still comply as private motor carrier of property because of how they structure their fleet ownership and management.

Now, if this was storm related emergency response covered under a federal, state or local emergency declaration or the mutual aide agreement then even contractors can be exempted for short term response.

Several of my clients are utility contractors across many disciplines-natural gas, electic and water distribution as well as one pipeline company and because they are not the actual utility, only a contractor to the utility, they have to comply with all the same DOT regulations as any other private fleet.

 

You are correct.....we are a contractor for various utilities, and the job in Lake Tahoe is a bid job we for one of the contractors we subcontract for.

 

We will be working on the California side of Lake Tahoe.