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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.
Federal vs. State Regulations
Intrastate commerce means any trade, traffic, or
transportation in any State, which is not described
Some states have adopted the Federal Safety Regulations, either in part or in
in the term "interstate commerce”.
whole, or, they have similar rules. Some of the states adopted the rules, but at a
Interpretation:
Question 6: How does one distinguish between
intra- and interstate commerce for the purposes of
applicability of the FMCSR’s?
Guidance: Interstate commerce is determined by
the essential character of the movement,
manifested by the shipper's fixed and persistent
intent at the time of shipment, and is ascertained
from all of the facts and circumstances
surrounding the transportation. When the intent of
the transportation being performed is interstate in
nature, even when the route is within the
boundaries of a single State, the driver and CMV
are subject to the FMCSR’s.
different Gross Vehicle Weight Rating or Gross Vehicle Weight. Some have
changed the rules somewhat, as in driver age requirements. All states must
comply with the Commercial Driver License and Drug/Alcohol rules. If your state
adopted the Federal rules, without change, and you operate wholly within your
state, you would be subject to most of the rules if you operate commercial
vehicles with a GVWR of 10,001 lbs. or more. If you operate vehicles of 26,001
lbs or more, you would also be subject to the CDL and drug/alcohol testing rules.
Some states adopted the Federal Safety Regulations on a particular date “with
subsequent changes”. Other states adopted the rules as they were on the date of
adoption. In those cases, the state usually adopts the rules every year, in order
to keep them up to date with changes. Some states have different exemptions,
such as “farm” exemptions. If you operate commercial vehicles in “intrastate”
(wholly within a state), check with your State’s commercial vehicle officials to
obtain a copy of the state rules.
In addition, some companies operate in both interstate and intrastate commerce.
If this pertains to your operation, you will benefit from the interpretation in section
390.3 pertaining to “State vs. Federal” jurisdiction. You will find that information
in the “Interpretations” section of the regulations, under “Editors Note” (about half
way down the page) at the following link:
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/interp390.3.htm
An example of an interstate movement, subject to
Federal regulations, might be a shipment
originating in one state, transported by a truck line
to the destination state but brought to a dock or
warehouse temporarily, then picked up by another
carrier at that point and delivered to the intended
consignee. In this case, the shipment originated
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.