Intrastate or Interstate port of entry?

Discussion in 'Intermodal Trucking Forum' started by snowflake1, Apr 5, 2018.

  1. snowflake1

    snowflake1 Light Load Member

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    I was talking to someone at fmsca today. I was deciding on wether to reinstate my authority. I want to try and do intrastate only but in order to enter ports i have to have a mc number which is required for interstate. Is it possible to to enter ports as an intrastate carrier? Does anyone else have intrastate authority only and able to enter ports?
     
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  3. ZVar

    ZVar Road Train Member

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    Nope. The fact you are picking up at a port means the shipment is interstate. Dot does not care where you stay, they care whete the shipment has been-is going.

    Question 6: How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

    Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.
     
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  4. snowflake1

    snowflake1 Light Load Member

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    Thank you for the information. I can understand if this was the same carrier from start to finish where this would apply. Interstate shipments come into states all the time that are taken over by intrastate carriers. I know from being in household goods for 17 years shipments are written up as intrastate orders and come into storage. Then when the shipment comes out of storage going over state lines a new order number is manifested. Even UPS has interstate carriers bringing in shipments to hubs in Texas and there are intrastate carriers who pick the the shipments up and finish the short haul delivery. The issue is not if the shipment is interstate, its determined who the carrier is at the time and if they cross state lines. Ports are different i guess. If the port is in Texas and the carrier picks it up and delivers in Texas that is the definition of intrastate. Unless ports have a law as to jurisdiction?
     
  5. snowflake1

    snowflake1 Light Load Member

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    I guess registering with the UIIA is where the interstate comes into play. You cant pick up from the port as a carrier without that.
     
  6. ZVar

    ZVar Road Train Member

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    You said it yourself. The loads go out as a different order. Even if it is the exact same physical load, the fact it has a new bol means it's a new shipment.
     
  7. striker

    striker Road Train Member

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    Intermodal is always considered INTERSTATE, simply from the standpoint that it crosses state and/or international borders to get from point of origin to Port of Discharge. BTW, a railroad terminal is considered a Port of Discharge or Port of Embarkation. Many of the international cans I haul will list as Port of Embarkation: UPRR, Denver, Colo., and a lot of inbounds will list the same as Port of Discharge.
     
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  8. snowflake1

    snowflake1 Light Load Member

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    can you use an interstate carriers scac code to accept the shipment then have that carrier give the shipment to you as an intrastate carrier? interstate carrier takes possession in theory and payment as well, initially. call it a loophole. has anyone ever done this or know if this has been done? all legal so i assume it might can be done?
     
  9. striker

    striker Road Train Member

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    I need to change my answer to you, you can operate out of railroad ramps if you are intrastate only. I forgot, we have 3 O/O's that have their own authority, 2 of the 3 are Intrastate only, they use my company as a broker and for our SCAC code. They have their own insurance and such, you will need to decide if you want Intrastate with HM or Intrastate without HM. I would advise though that you find a company to act as a broker for you though in the even the ramps give you a hard time.
     
  10. DSK333

    DSK333 Road Train Member

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    You'll be losing your authority if/when you get caught.
     
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