Map of Florida highlighting Nassau County

Map of Florida highlighting Nassau County (Photo credit: Wikipedia)

YOU ARE INTERSTATE:

I f you are a transporter (Motor Carrier) of product, which was manifested outside of the state, and your are shipping straight-through from Airport or Depot you are an interstate carrier and are required to comply with DOT Federal Motor Carrier Safety Regulations (FMCSR) . 

Therefore, you are advised to apply for Your DOT Motor Identification Number (MCS-150) and comply with  DOT  Interstate Hours On-Duty and Off-Duty and Maximum Hours Driving [click here](a downloadable pdf sheet)  apply to  any transporter of product that came from out of their state. 

 

YOU ARE INTRASTATE:

If your operation is solely within the State of Florida, and the commerce you engage in is solely within the State of Florida, e.g. no straight-through shipments, you are an intrastate carrier

Source : Florida DOT [Click here]  Florida’s source this answer is the DOT’s Federal Motor Carrier Safety Regulations 390.5 Definition of Interstate and Intrastate Commerce.  [Click here]

How do I know if I am an intrastate or interstate carrier?

The Code of Federal Regulations FMSR 390.5 offers the following definitions that provide guidance in answering this question.

Interstate commerce means trade, traffic, or transportation in the United States:

Between a place in a State and a place outside of such State (including a place outside of the United States);

Between two places in a State through another State or a place outside of the United States; or

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 transportation in any State which is not described in the term “interstate commerce.”

In short, if your operation is solely within the State of Florida, and the commerce you engage in is solely within the State of Florida, e.g. no straight-through shipments, you are an intrastate carrier.

The following scenarios are provided to further assist you in determining carrier status.

Scenario 1:

If you are an aggregate hauler loading lime rock from a mine in Center Hill, Florida and delivering to a job site in Orlando, Florida, you are engaging in intrastate commerce.

Scenario 2:

If you are hauling general freight originating at a manufacturing facility in Lakeland, Florida and delivering to a retail store in Arcadia, Florida you are engaging in intrastate commerce.

Scenario 3.

If you are transporting goods from a warehouse or airport in Tampa, Florida to a residence in Belleview, Florida and the load originated in New York City, New York as determined by the load’s manifest, you are engaged in interstate commerce.

Scenario 4.

The tractor trailer you are operating is loaded with logs. The movement originates near Fernandina Beach, Florida and is to be delivered in MacClenny, Florida. The route you choose takes you through Georgia. Though you only passed through Georgia, you are engaging in interstate commerce.

Therefore, you are advised to apply for Your DOT Motor Identification Number (MCS-150) and comply with  DOT  Interstate Hours On-Duty and Off-Duty and Maximum Hours Driving [click here](a downloadable pdf sheet)  apply to  any transporter of product that came from out of their state. 

 

Property (including perishables) – Carrying CMV Drivers

11-Hour Driving Limit
May drive a maximum of 11 hours after 10 consecutive hours off duty.

14-Hour (within a 24 hr day) Limit
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.

Thanks again for asking the question.

Advice:

Be very confident of your understanding of ‘straight-through’ shipments and your decision to follow only Intrastate regulations.  You may want to confirm you decision with an attorney which specializes in Motor Carrier litigation.. The sites below highlight the tension behind such a decision.

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