Interstate vs Intrastate Commerce

Is a regular route bus service between Reno and Phoenix, making a stop at Las Vegas, considered interstate or intrastate commerce?

According to FMCSA: What is the difference between interstate commerce and intrastate commerce?...
"If you perform trade, traffic, or transportation exclusively in your business’s domicile state, this is considered intrastate commerce.

If your trade, traffic, or transportation is one of the following, this is considered interstate commerce. Source: 49 CFR 390.5.:

• Between a place in a state and a place outside of such state (including a place outside of the United States)
• Between two places in a state through another state or a place outside of the United States
• Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States"

Obviously, such Reno to Phoenix route would be interstate commerce. But what if a passenger gets on at Reno and gets off at Las Vegas? Would this be considered intrastate commerce in addition to interstate commerce?

When I asked the FMCSA, they said "no" and confirmed in writing in an e-mail, because such Reno to Las Vegas passenger is still "part of trade, traffic, or transportation originating or terminating outside the state" because the bus is operating a Reno to Phoenix route. Does this mean only interstate regulations apply to such route?

 

If you cross state lines it's interstate.

 

If the nature of the move crosses state lines it's interstate.

If you go from Reno to Vegas and unload 100% of the passengers, then that is an intrastate move.
If even one passenger stays on to Phoenix it's interstate.

 

Passenger counts is your internal company information. What tickets sold to where and how much revenue etc. As in number of seats to whereever.

YOU and that Bus is Interstate commerce because you cross state lines. Regardless if all the passengers jumped off before you got out of Nevada, your published scheduled run will terminate in Phoenix AZ.

Therefore Interstate.

 

The converse is true. Just one passenger gets off in Vegas, it is intrastate and will be regulated by the PUC or whatever they use in Nevada. Therefore he'll motor carrier operating authority and a PUC permit for Nevada.

 

Partial load intrastate

Rest of the load interstate.

Does it really matter? Cuz the entire route is considered interstate. Correct?

Not understanding why it would matter for the route.

 

Exactly, that's why I thought it would be interstate. But is it intrastate in addition to interstate if a passenger jumps off at Las Vegas?

• When I called PUC they said bus operations are not under the purview of PUC.
• When I called state DOT they gave me an ambiguous answer (they told me to send an e-mail, but never responded to the email).
• When I called USDOT they said I only need interstate authority.
• When I asked an attorney he said I only need USDOT authority.
• When I asked Greyhound about their Reno - Denver route which stopped at Winnemucca and Elko, they said they only have a license from Nevada for "intrastate charter bus service", but that such license doesn't include the Reno - Denver, which is regular route, not charter, and not intrastate.

I have no reasonable means of preventing a passenger from getting off at Las Vegas.

 

what happens after that? You turn around and go back to Reno? That would be intrastate. You go on to AZ to load up a return trip to Reno, Nv then it's interstate.

 

• We drive from Reno to Las Vegas.
• We take a few minutes break at Las Vegas, change drivers.
• We keep driving to Phoenix.
• We turn around next morning, load up, drive back to Las Vegas.
• We take a few minutes break at Las Vegas, change drivers.
• We drive home to Reno.

Interstate, right? But do I also need to deal with intrastate on top of interstate? The route is Reno to Phoenix, we just took a break at Las Vegas. But passengers could get on or off at Las Vegas.

 

The "freight" crosses state lines. That's all that matters.