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An agent of the FMCSA told me that if my truck did not leave the state, that I did not need to obtain interstate authority so I cancelled my authority.  Was this right? (See #4)

 

Remember, remember, remember, in transportation we are talking about the product and not the vehicle involved.  You can actually move a product from one point in the state to another point in the same state, and the movement could be Intrastate, or Intrastate, or, a combination of both.  You just need more facts.

 

1                     Intrastate

2                     Interstate

3                     Intrastate and interstate shipment in same vehicle

4                     Lost authority because FMCSA said I do not need authority if trucks do not cross state lines..

5                     Why should we know the difference...

 

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INTRASTATE - Definition:  Relating to or existing within the boundaries of a single state.  Wholly and entirely within a single state.

 

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INTERSTATE - See below.

 

   TITLE 49 - TRANSPORTATION

    SUBTITLE IV - INTERSTATE TRANSPORTATION

    PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT

              FORWARDERS                              

    CHAPTER 135 - JURISDICTION

    SUBCHAPTER I - MOTOR CARRIER TRANSPORTATION

-HEAD-

    Sec. 13501. General jurisdiction

-STATUTE-

      The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier - 

        (1) between a place in - 

          (A) a State and a place in another State;

          (B) a State and another place in the same State through another State;

          (C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

          (D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

          (E) the United States and a place in a foreign country to the extent the transportation is in the United States; and 

Explanation of the above:

(A)    Example... The product was manufactured in state and a truck moved the product to another state.

(B)    Example... The product moved by truck from Amarillo, TX to El Paso, Tx.  The most direct line between these two points is through New Mexico.  Another example would be if there was a prior or subsequent move to or from another state.  Explanation of this would be if another trucking company brought the load to a warehouse in another state and then the product moved from the warehouse to a point within the same state.  This is a continuation of an interstate shipment.

(C)    Example... The product moved by truck to or through Washington, DC.

(D)    Example... The product moved to or from Alaska through Canada.  Another example would be shipments moving via Buffalo, NY through Canada and via Detroit. 

(E)    Example... The product moved to or from a foreign country by ship.  The product moved to or from a point in one state to or from via ship where another country is involved.  Another example would be if the shipment moved from Dallas, TX to Laredo, TX with the product destined someplace in Mexico.

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Intrastate and interstate shipment in same vehicle

 

Example...  You would have a mixed shipment.  If you picked up a shipment in Houston, TX destined to Oklahoma City, OK  with a stop off for partial unloading at Dallas, TX you would need both intrastate and interstate authority.  You would have an origin and destination within the same state - intrastate.  And, you would have an origin and destination in different states.  Remember, we are talking about the product and not the vehicle. 

 

 

 

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Gave up authority because FMCSA said I do not need authority if trucks do not cross state lines..

As you can see by the examples above, we don't care whether trucks cross the state lines or not in order for the movement to be foreign or interstate, or even intrastate.  We are talking about the product being shipped.  In this case, where the truck is moving a shipment in foreign commerce or interstate commerce there would be no authority and no insurance on file at the FMCSA.  Problem would be that the insurance company might not pay if there was a loss or damage to the product.  The solution was that the motor carrier would pay the reinstatement fee to the FMCSA.  YES, you need the authority

 

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Knowing the difference between interstate, foreign, and intrastate determines what kind of authority you really need.  Interstate authority requires you to obtain an MC number and intrastate movements require you to obtain your PUC authority.  In Texas if you transport in intrastate you will need to obtain a TXDOT and in Colorado you will need to obtain your CDOT, and in Ohio you will need to obtain a PUCO to transport intrastate.  Some states now require that if you apply for your interstate authority, you must also apply for your intrastate authority.

 

Got questions on brokers, or any other transportation related subject: contact Rex@RexEvilsizor.com or call Rex Evilsizor  866-382-6638