Interstate Commerce.Part

To begin operations as an interstate carrier, or as an intrastate carrier transporting hazardous materials, the company must file an MCS-150 with the FMCSA and receive a US DOT number. This nrunber, or registration, then allows the company to operate commercial vehicles in interstate commerce. Part of this process will involve a new-entrant safety audit. A new-entrant safety audit involves a safety investigator reviewing the company s compliance with the safety regulations sometime dming the first 18 months of operation. 

Hawkins Index-Digest-Analysis of Decisions Under Part II and Part TU of the Interstate Commerce Act, Hawkias Publishing Co., Washiagton, D.C. Loose-leaf service, 4 Vols. collecting and digesting decisions under the Interstate Commerce Act to motor carriers and freight forwarders. 

Additionally, it is unlawful for any person to barter, seU, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen [141]. The constitutionaHty of the statute making it unlawful to transfer stolen materials has been upheld, despite its failure to require an evidentiary nexus between the prescribed activity and interstate commerce [142]. 

The Court noted Even Wickard, which is perhaps the most far reaching example of Commerce Clause authority over intrastate activity, involved economic activity in a way that the possession of a gun in a school zone does not. The Court also concluded that the law was not a necessary part of a legitimate scheme to regulate commerce. Further, Congress had not established a reasonable relationship between this legislation and commerce, and the law had no mechanism for determining whether a particular case of gun possession had the necessary nexus or connection with interstate commerce. For all of these reasons the Supreme Court overturned the... 

Carney, Dan. Brady Decision Reflects Effort to Curb Congress Authority. Congressional Quarterly Weekly Report, vol. 55, June 28, 1997, p. 1524. Explains the U.S. Supreme Court decision in Printz v. U.S., where the Court struck down the part of the Brady Bill that required local sheriffs to perform bac%round checks on gun purchasers. The justices ruled that the provision extended beyond Congress s power to regulate interstate commerce. 

A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because —... 

To gain regulatory approval for the initiation of a clinical study, an IND application must be prepared and submitted to the FDA. An IND is an application to the FDA to obtain exemption from the status that prohibits an unapproved drug from being shipped via interstate commerce. This is the precursor of an NDA, part of the regulatory process toward marketing approval of a new drug. IND requires three major types of documentation ... 

We will find increasing activity, both promotional and regulatory, on the part of public agencies such as the Department of Transportation, the Interstate Commerce Commission, state regulatory boards, and others. It will be in our best interest to work and interchange ideas and problems freely with these groups to allow Government, carrier, and producer-... 

Non-Excepted Interstate — He/she must certify that he/she drives or expects to drive in interstate commerce, is subject to and meets the Part 391 quahfication requirements, and is required to get a medical examiner s certificate. 

All entry-level drivers who drive in interstate commerce and are subject to the commercial driver s license (CDL) requirements of Part 383. 

A written decision, order, or authorization of the Interstate Commerce Commission (ICC) authorizing the carrier to self-insure under Part 387, Subpart C (providing the carrier maintains a satisfactory safety rating as determined by the Federal Highway Administration under 49 CFR Part 385). 

A person who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with Part 375, Subpart G. 

For-hire motor carriers (rmless providing transportation exempt from the commercial registration requirements in 49 U.S.C. 139) must obtain operating authority as required under 390.201(d) and Part 365 before operating in interstate commerce. 

Entry-level driver training (Part 380, Subpart E) — A driver with less than one year of experience operating a commercial motor vehicle with a eommereial driver s hcense in interstate commerce must receive instraction in driver qualification requirements, hours of service, driver wellness, and whistleblower proteetion. 

Non-excepted interstate or NI. This is a driver that operates or expects to operate in interstate commerce, and is subject to (and meets) the normal driver quahfi-cation requirements found in Part 391, which includes having a medical examiner s certificate. 

Reminder As with Part 390 and 392, when the term commercial motor vehicle (CMV) is used in this section of the manual, it means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle ... 

Business records. See Part 379 for details. This regulation is a holdover from when the Interstate Commerce Commission regulated trucking (before the FMCSA was created). See regulation See regulation... 

The requirements in Part 391 apply to every driver who operates in interstate commerce and operates a vehicle weighing 10,001 pounds or more, can transport more than 15 people, or transports hazardous materials that require placarding. 

Ciguatera poisoning has long been recognized as a serious problem in the tropical and subtropical regions of the world. Due to international and interstate commerce and tourist travel the phenomenon is spreading to other parts of the globe. 

So, what is a commercial vehicle A commercial vehicle is one that is used in interstate commerce (as part of a business venture that crosses state lines) and... 

The driver qualification regulations are found in Part 391 of the FMCSA regulations. These regulations apply to all drivers that operate a commercial motor vehicle, not just drivers that operate vehicles requiring a CDL. The driver must be qualified rmder these regulations if the vehicle is used in interstate commerce and ... 

Interstate Hazardous Materials Carrier. The company is an Interstate Carrier if any part of its operation transports hazardous materials in support of interstate commerce, i.e., the property or passengers cross state lines either before the company received them, while the company is transporting them, or after the company has transferred the hazardous materials. The transportation of the hazardous materials may include transport by plane, train, or boat in addition to the company s commercial motor vehicle. The company is also considered to be an Interstate Hazardous Materials Carrier if the hazardous materials being transported will ever do ANY of the following ... 

A major US policy toward industrial safety measures was established in 1970, when for the first time all industrial workers in businesses affected by interstate commerce were covered by the Occupational Health and Safety Act (1970), 29 CFR Part 1910. Under this act, the National Institute for Occupational Safety and Health (NIOSH) was given responsibility for conducting research on occupational health and safety standards, and the Occupational Safety and Health Administration (OSHA) was charged with setting, promulgating, and enforcing appropriate safety standards in industry. 

The general definition is found in 390.5. This definition refers to a vehicle used on highways in interstate commerce and places a driver and vehicle under Parts 390 through 396 (i.e., driver qualification, hours of service, cargo securement, markings, equipment, insurance, and inspection and maintenance requirements). This definition includes both CDL and non-CDL drivers. 

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