Must read!!!! Stopped by FL DOT yesterday....

http://www.fmcsa.dot.gov/registrati...ted/guide2.20.htm?moredetails=true#definition

Scroll down through definitions.
Maybe that will help answer your question.
As I understand it, it is comes under interstate rules and you also need your own authority.
I'd like to see what everyone else thinks.

 

not to mention the csa points that applied with the warning. that you cant contest because it's a warning!

 

From what I research and understand, is that whether freight is either interstate or intrastate makes no difference regarding the HOS 14-hour duty rule.

Such freight probably makes a difference on what DOT or ICC (Illinois Authority for intrastate here) numbers to obtain.

Hence, the officers claim that you are violating the 14-hour duty rule due to your hauling interstate freight is perplexing to say the lease.

------------------------------


What matters, at this case at hand, as I understand the 49 CFR §395.1(e)(1) HOS rules anyway, is:

(1) Do you report AND RETURN to work reporting location WITHIN 12 hours?
(2) Do you stay within a 100 air-mile radius of your work reporting location?
(3) Do you keep time records showing time in, time out, and total number of hours?


If so, congratulations, you can tell the officer to 'go screw!'.

If NOT so, and you don't have a log book showing that you are within the HOS---accurate or otherwise---then you're screwed.


-------------------

I take interest in this thread because I am prospecting for getting on with a container outfit where I would be home daily. They told me I would have to go as far as 5.5 hours out of the area. Unless I get stuck in some serious Chicago traffic jams where I could burn two hours going three miles and rendered unable to get 5.5 hours or 100 air-miles away, I guess it will be loggie books for me....


__________________________________________________________________________


It may surprise the OP and readers of this thread that the OP, in this case, is indeed hauling INTERstate freight....


Article 1, Section 8, Clause 3, of the Constitution empowers Congress "to regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes." The term commerce as used in the Constitution means business or commercial exchanges in any and all of its forms between citizens of different states, including purely social communications between citizens of different states by telegraph, telephone, or radio, and the mere passage of persons from one state to another for either business or pleasure.


Intrastate, or domestic, commerce is trade that occurs solely within the geographic borders of one state. As it does not move across state lines, intrastate commerce is subject to the exclusive control of the state.

Interstate commerce, or commerce among the several states, is the free exchange of commodities between citizens of different states across state lines.

Commerce with foreign nations occurs between citizens of the United States and citizens or subjects of foreign governments and, either immediately or at some stage of its progress, is extraterritorial [outside state lines] .

Commerce with Indian tribes refers to traffic or commercial exchanges involving both the United States and American Indians.

 

So why don't they inspect the cars that traveling salespeople use?

Or the pickups that have DOT #'s on them?


There are more commercial vehicles on the road than just Class 8 trucks. Why aren't they targeted as well?

 

You think the public roads do not belong to us. You think that the local governments own the roads. Wrong. WE own the roads. You and me and all of us pay for them with our own money by means of taxes. We should be able to decide how the roads are regulated but instead its the government that puts words into OUR mouths and only decide that they were wrong when the public has a huge outcry

Sent from my HTC6435LVW using Tapatalk 2

 

This is the same way they strong-armed farmers into DOT & UCR #'s by saying that their grain is an interstate commodity...even though if you transport it only 5 miles from farm to river/ethanol terminal and get paid at said terminal for said terminal taking possession of your grain right there.

 

could you just go down to the station and ask his superiors what the law is? (seeif they say the same thing or not)

 

I don't think he's complaining that he got stopped. I think he's complaining because the officer who stopped him was telling him that the rules he must obey are changed by the appearance of what holds the goods he's moving. In other words, the officer told him he had to follow FEDERAL rules because it's in a steel shipping container, but NOT if it looks like something else. At least, if his account is accurate, that's what the officer told him.

 

How long has the OP been trucking? ? Doesn't he know that the DOT make the rules as they go?