Interstate Commerce Means Trade, Traffic, Or Transportation in the United States

Brought to you by Idealsafe 402-474-4166 Website: http://www.idealease.com/ Friday Safety Brief June 17, 2005

Is My Operation Subject to State or Federal Rules? That depends upon the particular movement. If it is truly within a state, and not part of a movement that either begins or ends outside the state, then it is “intrastate” (within a state) and the movement would be subject to state rules. Notice number (b)(3) in the definition below. Interstate commerce means trade, traffic, or transportation in the United States -- (b)(1) Between a place in a State and a place outside of such State (including a place outside of the United States); (b)(2) Between two places in a State through another State or a place outside of the United States; or (b)(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. Intrastate commerce means any trade, traffic, or Federal vs. State Regulations transportation in any State, which is not described Some states have adopted the Federal Safety Regulations, either in in the term "interstate commerce”. part or in whole, or, they have similar rules. Some of the states adopted the rules, but at a different Gross Vehicle Weight Rating or Interpretation: Gross Vehicle Weight. Some have changed the rules somewhat, as Question 6: How does one distinguish between in driver age requirements. All states must comply with the intra- and interstate commerce for the purposes of Commercial Driver License and Drug/Alcohol rules. If your state applicability of the FMCSR’s? adopted the Federal rules, without change, and you operate wholly Guidance: Interstate commerce is determined by within your state, you would be subject to most of the rules if you the essential character of the movement, operate commercial vehicles with a GVWR of 10,001 lbs. or more. manifested by the shipper's fixed and persistent If you operate vehicles of 26,001 lbs or more, you would also be intent at the time of shipment, and is ascertained subject to the CDL and drug/alcohol testing rules. Some states from all of the facts and circumstances adopted the Federal Safety Regulations on a particular date “with surrounding the transportation. When the intent of subsequent changes”. Other states adopted the rules as they were the transportation being performed is interstate in on the date of adoption. In those cases, the state usually adopts nature, even when the route is within the the rules every year, in order to keep them up to date with boundaries of a single State, the driver and CMV changes. Some states have different exemptions, such as “farm” are subject to the FMCSR’s. exemptions. If you operate commercial vehicles in “intrastate” An example of an interstate movement, subject to (wholly within a state), check with your State’s commercial vehicle Federal regulations, might be a shipment officials to obtain a copy of the state rules. originating in one state, transported by a truck line In addition, some companies operate in both interstate and to the destination state but brought to a dock or warehouse temporarily, then picked up by another intrastate commerce. If this pertains to your operation, you will carrier at that point and delivered to the intended benefit from the interpretation in section 390.3 pertaining to “State consignee. In this case, the shipment originated vs. Federal” jurisdiction. You will find that information in the out of state and was actually destined for a particular consignee in another state, with only a temporary stop en-route. On the other hand, that same load of freight might have been destined for the warehouse, with no other consignee yet. Subsequently, the freight might be sold, for example, to someone within the state. A truck line would pick up the load at the warehouse (the new origin) and deliver it within the state. This would be an “intrastate” movement and would be subject to state rules. Put Some “Teeth” in your Safety Program! Company policies are taken seriously, if employees know that the policies are not only supported, but also mandated by top management. That’s the purpose behind a “Safety Policy Statement”. A good safety policy should outline management’s position and intentions, regarding the company safety program. The industry standard has been that, while management should develop their own policy, the safety program should include at least four principles: (1) safety of the public and employees is paramount, (2) safety must take precedence over expediency and/or short cuts, (3) the company intends to comply with all Federal, State and local laws and regulations, and (4) every effort will be made to reduce the possibility of accidents. In addition, employees must know that management fully supports the policy.

This publication is provided for information purposes only and is not intended as a complete or exhaustive source of compliance or safety information. This “Safety Brief” is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.