Intrastate Commerce.Part

Excepted Intrastate — He/she must certify that he/she drives in intrastate commerce, but is only involved in transportation or operations excepted from all or parts of the state driver qualification requirements. 

If operating entirely in intrastate commerce, he/she is not subject to Part 391 ... 

A motor carrier conducting operations in intrastate commerce and requiring a safety permit under Part 385, Subpart E must file a Combined Motor Carrier Identification Report and HM Permit Application, Form MCS-150B. 

In addition. Part 385, Subpart A (General) and Subpart E (Hazardous Materials Safety Permits) apply to motor carriers and motor vehicles that transport hazardous materials in intrastate commerce and are subject to 385.403. 

Oil transport exclusively within the confines of a nontransportation-related or terminal facility in a vehicle not intended for use in interstate or intrastate commerce (see 40 CFR part 112, appendix A). 

The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and... 

Non-excepted intrastate or NA. This is a driver that operates only in intrastate commerce and is subject to the state s driver qualification requirements, rather than the FMCSA s in Part 391. 

A different definition is found in Parts 382 and 383. This CMV definition refers to vehicles used in interstate or intrastate commerce. 

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. 

Part 387 of the Federal Motor Safety Regulations (FMCSRs) explains the minimum levels of financial responsibilities required to be maintained by motor carriers operating motor vehicles in interstate, foreign, or intrastate commerce. In this case, financial responsibility means insurance policies or surety bonds a motor carrier must possess and present to the Federal Motor Carrier Safety Administration (FMCSA) in the event of an audit. Section 387.9 lists the minimum public liability requirements for carriers and are based on four factors ... 

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... 

The disqualification criteria in Part 383 apply to drivers of commercial motor vehicles in intrastate, interstate, or foreign commerce. 

MOTOR CARRIER INSTRUCTIONS The requirements in Part 383 apply to every driver who operates in intrastate, interstate, or foreign commerce and operates a vehicle weighing 26,001 pounds or more, can transport more than 15 people, or transports hazardous materials that require placarding. 

Interstate Hazmat Shipper — The company is an Interstate Hazardous Materials Shipper if any part of its business operation offers, or makes Hazardous Materials available to a carrier for transportation in interstate or foreign commerce. If the company makes the Hazardous Materials available AND also transports the Hazardous Materials, then the company is considered to be both an Interstate Hazmat Shipper and an Interstate or Intrastate Motor Carrier. Companies that are Hazmat Shippers only (don t provide carrier transport) do not need a USDOT Number to operate and therefore are not required to file this form. Interstate Hazmat Shippers must however, still comply with the Hazardous Materials Regulations. 

The disqualification criteria in Part 383 apply to drivers who carry a CDL. A CDL is required when operating a commercial motor vehicle in intrastate, interstate, or foreign commerce. Here, the term CMV includes all vehicles ... 

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