Inter-stating

G

Gord M

Active Member
Mar 4, 2010
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BRAMPTON ONTARIO
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Is it ok to pick up a load in Los Angeles Ca. and deliver it to Buffalo N.Y. ?

One of our dispatchers insists this is ok since Buffalo is on our way home. I have a small wager on this one, and would like to know if it is legal. Anyone have the answer?
 
Some will say yes some no going to be hard to win. The cabatoge laws are on here do a search. There is something in there about doing a load on your way home being ok but INS says no at anytime unless the driver is Native Indian or a US citizen.
 
It can be legal if the product being dropped in Buffalo has a possiblity of ending up in Canada. I have an old copy of a court case where the driver loaded bus parts from TX to Fargo, ND - drops in Fargo and goes empty to Winnipeg. A week later the same company goes back to Fargo - picks up the now painted bus parts and continues to Winipeg to have them assembled into buses to then be sold back to the USA. The company was found not guilty. This is definately a very very grey area, and up to individual interpretation. In today's day and age it's far easier to not look for trouble, and stay away from these sort of moves.
 
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Many people think it's okay since they have a U.S. DOT# and various permits, but remember that it is not about Dept of Transportation rules it is more about U.S Immigration rules. A Canadian (unless a native) is not allowed to work within the U.S unless they have a Green Card. Simple as that.
You could do it a thousand times and never get caught until a super patriotic shipper or driver finds out and all of a sudden you are stealing American jobs.
 
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Road Runner

I think you hit the nail on the head!!

I read the article Nawk is referring to earlier this summer on another thread, I printed it out and read it a few times and convinced myself that cabotage was ok if incidental to the trip.


I thank Road Runner profusely for the link to the proper INS site.
The link clearly spells out the fact that any form of cabotage will not be tolerated by the INS.

Going back to the site that Nawk noted; if one reads carefully there is a built in disclaimer that states the following:
It is not intended to take place of published regulations of the INS.

It is frighteneing to have been mislead by that article!!!

I must now go and donate to inside transport . I may have saved 25% of the value of my equipement had it been seized by Uncle Sam!!!
 
Thanks everyone for your help. Special thanks to Road Runner that had a link to Homeland Security's website that stated Canadian drivers can only deliver loads in the U.S. if they originated in Canada or Mexico. If a load is picked up in the U.S. It's very cut and dry as far as homeland security is concerned, it has to deliver in Mexico or Canada unless you have a U.S. citizen behind the wheel.
 
whatiship said:
Many people think it's okay since they have a U.S. DOT# and various permits, but remember that it is not about Dept of Transportation rules it is more about U.S Immigration rules. A Canadian (unless a native) is not allowed to work within the U.S unless they have a Green Card. Simple as that.
You could do it a thousand times and never get caught until a super patriotic shipper or driver finds out and all of a sudden you are stealing American jobs.
Click to expand...

Funny thing though if you haul a van and your Canadian it doesn't get you out of lumpin your load off the trailer even though your taking an American's job. Namely that of the receiver whom should supply the lumper or labourer, that my friends is why we don't haul vans, that and the ungodly cheap rates
 
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FYI - CHRW now appears to condone this practice, even though it is against INS regulations


An email just sent out from their Vaughan office states:

Please note the inbound board is quite scarce, be reminded there are lots of loads coming back to the bordering states like oh, mi pa and ny , Canadian carriers are allowed to interstate so long as you are moving in the direction to get your driver home..just a thought
 
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thebluffs1 said:
FYI - CHRW now appears to condone this practice, even though it is against INS regulations

Please note the inbound board is quite scarce, be reminded there are lots of loads coming back to the bordering states like oh, mi pa and ny , Canadian carriers are allowed to interstate so long as you are moving in the direction to get your driver home..just a thought
Click to expand...
Do you have a link for this? My understanding is that inter-stating is a no-no, regardless of the situation. I would not want to put my company through this test and find out the hard way we just broke the rules of cabotage.
 
Cabotage is prohibited by the INS, not by USCBP or the DOT.


This distribution of goods is defined in 8 CFR 214.2(b)(4)(i)(E) which reads:

(E)Distribution.
(1) Transportation operators transporting goods or passengers to the United States from the territory of another Party or loading and transporting goods or passengers from the United States to the territory of another Party, with no unloading in the United States, to the territory of another Party. (These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with the United States operators, is not permitted.)
Click to expand...
 
I don't see where it says you can pick up in the US and deliver in the US as long as it is on the way home?
 
I see the edit now. Looks like the above is a quote from CH Robinson, regarding them trying to justify carriers to agree to cabotage?
 
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