Need help with cabotage rules.

Late to the party as usual...

#1 and #2 are illegal if you are saying there are three trailers involved; the one you entered the US with to make the deliveries, an empty that you repositioned, and the third trailer that gets loaded and you return to Canada with. They would not be illegal if the empty trailer you are repositioning is either the one you enter the US with, or the one you leave with. You can also bobtail after dropping the first trailer to get the second trailer. I am not sure as to whether you can reposition either of the empty trailers somewhere other than either the receiver or shipper.

#3 is actually legal providing the following:

• load originating in the US is destined for Canada
• the load being relayed and delivered within the US originated in Canada
• the drivers work for the same company

 

I still don't think move #3 would be legal. It is a grey area for sure. Back when I started hauling reefer there was lots of this going on for certain customers.... The hammer eventually came down on everyone. The end result was no fines today but you are all on notice. And we were, for probably a year or better.

One company skirted the rule by taking a load to Detroit to deliver. Then resumed the same practice. The first time they did it the driver was caught and they showed no mercy.

I will never run that again. Very uncomfortable and I'm not arguing that one with whichever law enforcement gives me a difficult time over it.

 

Straight from Homeland Security (which oversees both CBP, and Immigration).

Relay drivers may drive entirely domestic segments of an international delivery if the
driver the delivery meets two conditions: 1) the driver must be employed by the same
company as the delivery; and 2) the domestic portion of the trip is a necessary incident to the international nature of the trip. Relaying is permitted in order for drivers to comply with Federal regulations regarding the number of consecutive hours an individual is permitted to drive. They need not enter with the vehicle, but must enter within a reasonable period.

- GUIDELINES FOR COMPLIANCE OF COMMERCIAL MOTOR VEHICLES (CMV) AND CMV DRIVERS ENGAGED IN CROSS-BORDER TRAFFIC​

Doing relays, strictly as described above shouldn't be any problem. In fact, I believe there are line-haul drivers doing it every day (@upnorthwpg?). The key, again, is that the goods must be of an international nature and the movement (relay) of a necessary incident to trip.

I imagine the incidents you described above involved some other activity that wasn't within the scope of the rules? I expect that if it was a situation whereby a driver or team was remaining in the US for an extended period of time and doing multiple relays, then that would be a violation, at least in spirit if not in fact, and would be treated accordingly.

 

You're saying the 'vehicle' is the trailer?

International Mobility Program: North American Free Trade Agreement - Canada.ca

 

Legal or not, I've given up on it entirely. Just not something I ever want to have to argue my case on.

Our operation was produce being relocated from various green houses in the Detroit area as well as from Mexican growers being sorted and loads built up in Detroit for delivery to us grocery warehouses. No American grown produce was in play. Did this for 2 years or so before cbp dropped the hammer one day. They were trying to use less customs brokerage/transportation fees when they would have otherwise had to bring it from Mexico to Canada then back to USA.

I've structured myself now in other markets and life is smooth

 

Yeah, that would seem to clearly be a no-go and nothing like the example of relaying loads as I have shown above.

 

I think Homeland Security is suggesting the trailer is part of the vehicle (combination).

 

Any trucking company willing to violate any law will always be willing to violate YOU, the moment they hear, see, or smell an easy Rupee with you as the patsy enabling it.