Interstate vs. Intrastate Trucking

One of the first facts we determine in a truck accident investigation is whether the trucker involved was running as “interstate” or “intrastate” when the crash occurred. The difference may influence what regulations govern the trucker’s conduct and the amount of liability insurance coverage they must carry.

If a driver has violated certain regulations, this may make them and their employer liable for the damages others suffer in a collision. Their status may also affect how much compensation from an insurance policy is available for the victim.

People involved in semi-truck accidents in San Antonio often suffer severe injuries and devastating expenses. At The Law Offices of Troy A. Brookover, our experienced truck accident lawyer focuses on personal injury cases, including truck accident claims. We understand these types of collisions and have a proven 30-year track record of success representing injured victims. We are committed to pursuing the best possible outcome for you in your truck accident case, no matter how complicated it may seem.

CALL NOW AT (210) 226-2000

Conveniently Located Near Downtown San Antonio

Defining Interstate and Intrastate Trucking

“Interstate” means the truck driver crosses state or international borders. “Intrastate” means the driver stays within the boundaries of Texas or the state where the truck owner or motor carrier is located.

A truck driver who leaves San Antonio on I-10 and crosses into New Mexico or Louisiana is an interstate trucker. On the other hand, an intrastate trucker from San Antonio never leaves Texas while on the job.

The Federal Motor Carrier Safety Administration (FMCSA) governs interstate trucking in the United States. Here’s what it says about interstate vs. intrastate trucking:

If a trucker drives or transports items or people without ever crossing state lines, this is considered intrastate commerce.
If a trucker’s trip involves one of the following, it’s considered interstate commerce:
- Trips between somewhere in a state and somewhere outside of the state or United States: Interstate trucking includes a trucker who starts their trip in Texas and ends it in a different state or country.
- Trips between two places in a state through another state or country: If a trucker starts in Texas, picks up cargo in Louisiana, and delivers it in Texas, that’s an interstate run.
- Trips between two places in a state that start or end outside the state or country: A truck driver from Mississippi who picks up and delivers cargo within Texas is involved in interstate commerce because they started in a different state.

Key Differences Between Interstate and Intrastate Trucking

State and federal regulations for commercial truck drivers and motor carriers are designed to increase safety on public highways. If you have been injured in an accident caused by a trucker’s violation of established rules, you have a right to seek compensation from the driver or the trucking company for your injuries and losses.

However, the concept of “interstate” or “intrastate” trucking might impact regulations or insurance limits involved in your truck accident case.

Governing Authorities

If the driver responsible for a truck accident is an interstate driver, their actions while on the road are governed by FMCSA regulations (FMCSRs). These regulations are minimum safety standards for the operation of commercial motor vehicles in interstate commerce.

An intrastate trucker in Texas is governed by commercial vehicle regulations and enforcement procedures in the Texas Administrative Code, which incorporate many FMCSRs.

Registration Requirements

Companies involved in interstate transportation of cargo or passengers must register with the FMCSA and obtain a USDOT number. Carriers that operate intrastate commercial vehicles on Texas roads or highways must register with the Texas Department of Motor Vehicles Motor Carrier Division and need a TxDMV Number.

Licensing Requirements

Most truck drivers must obtain a commercial driver’s license (CDL). Texas follows all FMCSA regulations governing commercial driver licensing. In some cases, Texas has enacted stricter requirements, such as requiring a CDL holder to notify the DMV and their employer of a traffic law violation conviction within 7 days as opposed to 30 days under federal law.

Insurance Requirements

FMCSA requirements for interstate drivers’ minimum levels of liability insurance range from $750,000 to $5 million, depending on the vehicle weight and cargo transported. For intrastate carriers in Texas, minimum liability insurance levels start at $300,000 and may be as high as $5 million.

Hours of Service (HOS) Regulations

The FMCSA’s HOS rules for interstate drivers say that cargo-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. They cannot drive after being on duty for 14 hours in a row after a 10-hour break. Drivers must take a 30-minute break when they have driven for 8 cumulative hours without at least a 30-minute interruption. They can spend a maximum of 60/70 hours on duty in 7/8 consecutive days.

Texas rules for intrastate drivers allow them to drive 12 hours after 8 consecutive hours off duty. However, they don’t allow driving after being on duty for 15 hours following 8 consecutive hours off duty.

Driver Qualifications

The FMCSA requires interstate drivers to:

Be at least 21 years old
Be able to speak English well enough to understand traffic signs and signals, legibly write reports, and converse with the public
Be able to operate their vehicle safely
Be physically able to perform all driver duties
Have a valid CDL
Pass a driving test
Not be a disqualified driver

Texas has all of these same requirements, but intrastate drivers only need to be 18 years old. They are also allowed to have a Texas CDL with an intrastate-only restriction or medical waiver endorsement.

Weight Restrictions

Both the FMCSA and Texas allow a maximum gross vehicle weight of 80,000 pounds, including the truck and cargo. Specific weight limits will vary depending on the number of axles. Overweight vehicle permits are available.

Talk to Our San Antonio Attorneys

If you’ve been injured in a commercial truck accident, our San Antonio truck accident attorneys can investigate to determine who is responsible and what compensation you may be due. A truck driver and the trucking company that employs the driver in an accident may be liable if their violation of state or federal law contributed to the collision and your injuries.

Troy A. Brookover has been a licensed attorney in Texas since 1992, giving him over 30 years of legal experience inside and outside the courtroom. Our team has obtained several six- and seven-figure awards for our clients, including a $1.2 million settlement for an 18-wheeler accident. One former client says: “If you’re looking for a lawyer who is seriously going to fight for you, then you need Mr. Troy Brookover.”

We’ll fight for the compensation you deserve. Contact us today for a free consultation about how we can help you.

CALL NOW AT (210) 226-2000

USE OUR CONTACT FORM

Monday	24 hrs
Tuesday	24 hrs
Wednesday	24 hrs
Thursday	24 hrs
Friday	24 hrs
Saturday	24 hrs
Sunday	24 hrs