Need a clarification on Cabotage rule

https://www.dhs.gov/xlibrary/assets/policy/dhs-cross-border-trucking-guidelines.pdf

 

Old thread. Know but here is a link that clears up the regulatory mess.

https://www.dhs.gov/xlibrary/assets/policy/dhs-cross-border-trucking-guidelines.pdf

 

Just google. https://www.dhs.gov/xlibrary/assets/policy/dhs-cross-border-trucking-guidelines.pdf

 

Did anyone notice the rule that if you PU freight for delivery to Canada that load must be prearranged . That rule is broken all the time. I delivered a load to Maine. Waited 48hours for a reload. So was that illegal. Most of the time my reloads are not pre arranged.

 

"2. Repositioning of Empty Vehicles. The movement of empty vehicles between two
points in the U.S. is not considered adomestic move. The U.S. Customs nolonger
defines an empty vehicle asAmerchandise@ and, therefore, therepositioning of empty
vehicles does not involve thetransportation of merchandise. Canadian carriers are
allowed to reposition empty vehicleswithin the U.S."

6. Examples of Movements Not Permitted by Canadian-based Drivers.

Pick up a shipment at one U.S. location for delivery to another U.S. location

Reposition an empty trailer between twopoints in the U.S. when the driver did not
either enter with or depart with that trailer.




So it says I CAN reposition an mty trailer... then it says I CAN'T? which is correct?

 

Both are correct. It is saying that after delivering you can reposition that trailer, then switch to another trailer for another international load. Or, you can switch trailers, reposition the empty and then get that repositioned trailer loaded for an international load.

 

There are two different Government Agencies rules you are quoting from. One is the US Customs and the other is the INS agency. Both have different rules and you need to comply to both sets of rules. If one contradicts the other then you have look at the rules and see what makes sense. In this case you are told you can't haul an empty trailer by one of the agencies and the other agency says you can. If you get pulled over by the agency that says you can't do that because they said so in their set of rules then you are ######. So basically if one says you can and the other says you can't. You can't. At least that's how I understand it.

 

Just to revisit this... I'm back to running the US And my company wanted me to relocate 3 trailers tonight and tomorrow, then grab one more empty and move it to another spot and switch for a LOADED trailer going back to Canada.
I refused. I WILL do the one empty and switch on Monday. But it's time to look for different decals for my truck.

 

My uncle has been doing this for years, hasn't been caught yet. Starting to think the US doesn't even care.

It definitely is 100% illegal however...

 

I have also done it for years. I think they turn a blind eye to it if it's 1 trailer and it's between your drop and rehook to leave as its kinda OK as far as the incedental rule explains? But 3 more trailers going in another direction? Not me. My company has US yards and employees so they think that makes it OK. I'm Canadian and my truck is plated Canadian. I'm not doing it.

 

You are right to refuse. Unless you are a dual citizen, have a green card or work visa, or native status, it is still illegal. Whether the authorities are enforcing it strictly or not is unimportant, all it takes is one officer to catch you, and the resultant 5 year ban will impact your earning abilities and personal life. Good luck...