Home > legal > U. v. national transport services under the FMCSR - know your lawyer of difference?Posted by Morgan Adams on the 1 March 2011

I often are cases in which the lawyers do not make it clear, the term "national" and "interstate" used in the truck industry. Probably because the conditions in everyday conversation used lawyers fail, check if the load in question is actually inter or national. Many lawyers truck are cases actually car wreck lawyers, and not truck wreck lawyers, find a lawyer difference deciding with enormous implications for all, the a truck (can your lawyer of asked him the difference test!)

So you believe that you know the difference between intra- and Interstate used as in the truck industry? The difference is actually very important and impact, including insurance cover. How are these terms in the truck industry uses?

The following material from some recent decisions hold that:

It is settled well in the truck industry, that the movement of goods and the intent of the sender determines whether the goods in international trade be delivered. Find in the issue of the American truck and trailer repair, docket RI-92-001, 58 fed. Reg 16916 on 16921, March 31 1993 (order, August 6,1992). United States v. Yellow Cab co., 332 U.S. 218, 228-229 (1974) of the United States Supreme Court held "If destination in another, the fact that part of the journey of transport through an independent agency exclusively within the boundaries of a State is the part of the journey makes fewer people or goods from a starting point in a State to a point" Interstate character not. This part must in your reference to the entire journey are considered rather than isolated. "So viewed, it is an essential step in the interstate movement". The term "interstate commerce" within the meaning of FMCSRs and of the underlying statutes is not synonymous with transport across state lines and include operations wholly contained within a single State. Whether transport between two points in a State considered part of an interstate movement depends on the essential character of trade, shipping company manifested retaining the fixed and intention at the time of delivery, and is of all facts and circumstances, under which the transport found. See trucker, Jr., in the question of the Solomon docket number FHWA-1997-2417 (final order, June 2,1998) cited in Baltimore & o.s. WR. Co. V. settle, 260 U.S. 166 (1922) and Texas v. US, 866 f. 2d 1546 (5 th Cir.), deer ' g denied, 874 f. 2d 812 (1989). If the intention, the transport is carried out interstate in nature, although the route within the confines of a single State, you are finding the driver and vehicles the FMCSRs. in the question of the Gunther's leasing transport, Inc., docket number FHWA-1997-2400 (decision of the Chief Administrative law judge Mathias), January 17, 1996). As long as the cargo is transported and finished in different States, a part of transportation interstate must be regarded as an interstate. Citing in the matter of national transportation, see ID service, Inc., Docket No. 92-FL-028-FR (final order, October 21,1994).

See also: Texas & No.R.R. v. Sabine tram co., 227 U.S. 111, 123 (1923); and central freight v. l.e.e., 899 f. 2d 413, 419 (5th Cir. 1990) (determining whether a programme is interstate in nature the decisive factor is fixed and persistent intention at the time of delivery the sender). See also in the matter of Gunther leasing transport, Inc., docket number FHWA-1997-2400 (decision of the administrative law judge, 17 January 1996, 45)

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