Rules changes regarding interstating in the USA?

madacha

New Member
2
Has anyone heard a regulation change in Intrestating (also known as Cabotage)? I have heard that moving an empty trailer from one trailer pool to another location is now considered interstating. If anyone has some more insight into this I would greatly appreciate it or some links to document to read.
 

dad2andrew

Well-Known Member
20
I haven't heard of anything new with moving an empty trailer from one pool to another pool being qualified as inter-stating.
 

Shakey

Site Supporter
30
This was always inter-stating, there is an article about this from year or two ago about Bison and how much they spent moving trailers intra-USA.
 

Shakey

Site Supporter
30
Question: Would full cabotage within the U.S. market be a positive development for Bison Transport?

Jeff Pries: Yes. I will respond by saying that I don’t think that I will see it in my lifetime. It would be great. I would say to that point, though, there is a law in the U.S., and many people do not know about this, that prevents us as Canadian drivers from picking up a load in the U.S. and delivering that same load to another point in the U.S. That is very, very clear. But there is also an immigration law that prevents us from picking up an empty trailer that belongs to us in the U.S. and taking that to a yard, terminal, customer and dropping it within the U.S. The empty trailer belongs to us. I cannot move my own equipment from one yard empty, to another yard empty. I have to stay hooked to that piece of equipment. You can imagine how complicated and inefficient operating in that fashion can be. Since there is no paperwork that follows this law, many carriers ignore it. We do not. We are compliant with that as we are with all the laws in the U.S. right now. But that is a rule that somewhat relates to cabotage.
 

dad2andrew

Well-Known Member
20
I stand corrected. :)

I thought it couldn't be a revenue generating move, but clearly no move is really allowed as above.

How many of us do it though, especially if you have a trailer pool or yard in the US. Doesn't make it right though.

Kevin.
 

Freight Broker

Well-Known Member
30
You can move an empty within the US provided that at point of drop it is reloaded for a Canadian (or country other than US) destination..and provided that driver either entered US with said trailer or is taking said trailer back to Canada.
 
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Shakey

Site Supporter
30
You can move an empty within the US provided that at point of drop it is reloaded for a Canadian (or country other than US) destination..and provided that driver either entered US with said trailer or is taking said trailer back to Canada.

driver has to reload that trailer, he can't drop it and take a pre-loaded trailer
 

Michael Ludwig

Well-Known Member
20
Jeff Pries: ... But there is also an immigration law that prevents us from picking up an empty trailer that belongs to us in the U.S. and taking that to a yard, terminal, customer and dropping it within the U.S. The empty trailer belongs to us. I cannot move my own equipment from one yard empty, to another yard empty. I have to stay hooked to that piece of equipment. ...

Mr. Pries is correct that there is such a law, but there is also memorandum that effectively says you can take a loaded trailer and drop it at a customer, pick up your empty and take it to a shipper and drop it, then hook a loaded trailer at that shipper and bring it back to Canada, or Mexico as the case may be.
(I had a copy of said memorandum, but I'll be damned if I can find it now)
However ...
This is a memorandum, or directive if you will, it is not law, and it is not widely known. Ergo, you can still get nabbed for it, as the decision to charge is solely at the discretion of the CBP person conducting the investigation.

In other news, I have attached a brochure put out by CBP about trucks and drivers entering the U.S., and what they can and cannot do. The FAQ starting on page 6 will answer most of the questions put forth here.
The following has a very good overview of what is, and is not allowed, as it is written in the laws of the land.
 

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thebluffs1

Site Supporter
30
I had the most fascinating conversation with a US based load broker last week - he told me that freight rates to Canada are always lower on Fridays - because "all of the B1 drivers that have been moving interstate freight all week are looking for loads to come back to the GTA for the weekend."

Direct quote.

I don't have the time to editorialize right now, but I think that is far more telling of some of the inherent structural issues that our industry is facing than we'd like to admit. Of course in our current world, there's no need to let an inconvenience such as objective truth get in the way of political or profit taking expediency, regardless of legislative guidance.
 

Rob

Site Supporter
30
Hey little fat buddy did your brother type that or did Honey Bunny get you a new thesaurus for your birthday?
 

PSTC

Member
10
Jeff Pries: ... But there is also an immigration law that prevents us from picking up an empty trailer that belongs to us in the U.S. and taking that to a yard, terminal, customer and dropping it within the U.S. The empty trailer belongs to us. I cannot move my own equipment from one yard empty, to another yard empty. I have to stay hooked to that piece of equipment. ...

Mr. Pries is correct that there is such a law, but there is also memorandum that effectively says you can take a loaded trailer and drop it at a customer, pick up your empty and take it to a shipper and drop it, then hook a loaded trailer at that shipper and bring it back to Canada, or Mexico as the case may be.
(I had a copy of said memorandum, but I'll be damned if I can find it now)
However ...
This is a memorandum, or directive if you will, it is not law, and it is not widely known. Ergo, you can still get nabbed for it, as the decision to charge is solely at the discretion of the CBP person conducting the investigation.

In other news, I have attached a brochure put out by CBP about trucks and drivers entering the U.S., and what they can and cannot do. The FAQ starting on page 6 will answer most of the questions put forth here.
The following has a very good overview of what is, and is not allowed, as it is written in the laws of the land.
Thank you for the link to our blog Michael, much appreciated.
 
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