would you do this or is it an interstate?

It's illegal. The freight goes from US point of origin to US point of destination.. doesn't matter if the truck has other goods from the same customer that originate in Canada. A Canadian driver cannot legally do this unless he/she has citizenship in the United States, is a status indian or has a green card.

And I agree, we can't ask drivers to do anything illegal like this. They're the one's, ultimately, who pay the biggest price if caught.
 
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Unless the freight originated at the same shipper in QC, was not altered in any way and was only stored at the location in NY...
Slim chance of that being the case.

If your spidey sense is tingling, move on to other freight that won't get anyone in trouble!

Keep well,
Mike
 
I think the question that a US Immigration officer would ask is "is this work that could be performed by a US citizen?" If the answer is yes, then best not to try and do it with a Canadian driver. Of course, as everyone has mentioned, the odds of getting spot checked or audited are slim to non-existent.
 
This looks pretty well hashed out, but my 2 cents is:
Illegal for driver, iffy for equipment.
I was told by immigration that splitting trains into Chicago was illegal. One b train, one bill of lading, one shipment. If we dropped our pup in new buffalo MI, it was illegal to come back and get it to take it into Chicago. Trucks can cabotage, drivers can't.
 
I know in the past if this were to happen you would have to use the same exact driver and units. Not sure if that has changed..
 
MikeJr said:
Unless the freight originated at the same shipper in QC, was not altered in any way and was only stored at the location in NY...
Slim chance of that being the case.

If your spidey sense is tingling, move on to other freight that won't get anyone in trouble!

Keep well,
Mike
Click to expand...

Mike is absolutely correct in his evaluation. If the goods were produced in Canada and only stored in the U.S., and not enhanced in value in any way, shape, or form, then it is perfectly, 100% legal.
As for outright inter-stating, it's a $400.00 fine if you get caught by CBP. Actually, as long as your trucks are IRP plated, the equipment is legal. The issue is the driver. He needs to have a green card, be a U.S. citizen, have dual citizenship, or be a North American citizen.
Fast forward 20 years when we have the fully autonomous truck ... the one without a driver at all ... is it still inter-stating then ????
 
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Further to the point of inter-stating ... riddle me this;
I pick up a load in Washington state destined for Maine. I load it and bring it up into BC where I complete an A8B (Canada-U.S. intransit bond), and head east across Canada. I stop the load in my yard, re-power it, and put a different driver in it. The load itself stays sealed in the original trailer. I carry on, clear the bond at the Niagara gateway, and deliver the load. Am I guilty of inter-stating ???
 
Michael Ludwig said:
Further to the point of inter-stating ... riddle me this;
I pick up a load in Washington state destined for Maine. I load it and bring it up into BC where I complete an A8B (Canada-U.S. intransit bond), and head east across Canada. I stop the load in my yard, re-power it, and put a different driver in it. The load itself stays sealed in the original trailer. I carry on, clear the bond at the Niagara gateway, and deliver the load. Am I guilty of inter-stating ???
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I think this one is more cut and dry ... definitely interstating.
 
I believe the "litmus test" for interstating is how do you answer this question...."is this work that a US citizen could do".
 
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That's exactly it ... hard to explain why a move USA to USA would require hiring a foreign worker to perform. It's actually similar with other positions too ... if you are recruiting for any kind of position and want to hire someone foreign, there is a process of proving to the government that the person adds value that a domestic person cannot.
 
Michael Ludwig said:
Mike is absolutely correct in his evaluation. If the goods were produced in Canada and only stored in the U.S., and not enhanced in value in any way, shape, or form, then it is perfectly, 100% legal.
As for outright inter-stating, it's a $400.00 fine if you get caught by CBP. Actually, as long as your trucks are IRP plated, the equipment is legal. The issue is the driver. He needs to have a green card, be a U.S. citizen, have dual citizenship, or be a North American citizen.
Fast forward 20 years when we have the fully autonomous truck ... the one without a driver at all ... is it still inter-stating then ????
Click to expand...

My understanding, Michael, no driver- no problem, as long as truck IRP- ed...
 
It is interstate. And as I remember, even if a driver is US citizen BUT truck/company is Canadian it would be considered as illegal. As the immigration looks at the Carrier base not the driver.
Me personally, would stay away from it.
 
If that were actually the litmus test, then there would never be a need for the Canada-US Intransit Manifest (A8B) since a case could be made for any intransit load being able to be done at least partially or in whole by a U.S. driver.
The key to the Intransit Manifest is that the cargo stays sealed in the original trailer. Neither driver in this scenario is breaking any U.S. law vis-a-vis immigration as one is starting in the U.S. and ending in Canada, and the other is starting in Canada, and ending in the U.S. I already know that this is perfectly legal from a CBSA standpoint. Unfortunately, I don't know anyone in CBP well enough to ask the question.
 
Culture is more protectionist in the USA than Canada, not just from an immigration standpoint but overall. I'm pretty sure they'd have an issue with it.
 
ZoCNX said:
It is interstate. And as I remember, even if a driver is US citizen BUT truck/company is Canadian it would be considered as illegal. As the immigration looks at the Carrier base not the driver.
Me personally, would stay away from it.
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US Immigration looks at your passport. They don't care where the company you work for is from. If that were the case, how would DHL ever deliver anything in the U.S ... their HQ is in Germany I believe.
I know for a fact, since I have one, that if I put a green carded driver in my Canadian truck, I can haul anything, anywhere. Do a lot of questions get asked? Absolutely. Is it worth the hassle and aggravation? That depends on the money :)
 
Michael Ludwig said:
US Immigration looks at your passport. They don't care where the company you work for is from. If that were the case, how would DHL ever deliver anything in the U.S ... their HQ is in Germany I believe.
I know for a fact, since I have one, that if I put a green carded driver in my Canadian truck, I can haul anything, anywhere. Do a lot of questions get asked? Absolutely. Is it worth the hassle and aggravation? That depends on the money :)
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True,

I also have had dual citizen drivers as well status carrying Native drivers and no issues with either doing a load US to US or delivering to US military bases with said drivers.
 
Rob said:
True,

I also have had dual citizen drivers as well status carrying Native drivers and no issues with either doing a load US to US or delivering to US military bases with said drivers.
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Once the borders get to know the dual carded, green carded, and Aboriginal drivers there usually isn't any further issues.
 
Correct ... if the driver is green carded it doesn't matter.

And it doesn't matter where the company is based or anything like that. My old company has the equipment plated in the US even for operations that were regional in Canada only. It's strictly about the person performing the job.
 
I had somewhere clear written law about it (... as usual... can't find it, when need it... it has been 4-5 years since... so it stuck in my head as NO-NO)
anyway, it was just my 2 cent about it... as I said , I would stay away from it, cause usually $$$ are not that good for all this trouble (clear example in here, just extra $50)
 
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