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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs?

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and CMV are subject to the FMCSRs.

Regulatory Topic: Interstate v. intrastate commerce
Effective Date: Friday, April 4, 1997
Issued Date: Friday, April 4, 1997