• ITVI.USA
    15,299.240
    -0.110
    0%
  • OTRI.USA
    25.510
    0.060
    0.2%
  • OTVI.USA
    15,294.330
    11.020
    0.1%
  • TLT.USA
    2.690
    0.020
    0.7%
  • TSTOPVRPM.ATLPHL
    2.900
    -0.030
    -1%
  • TSTOPVRPM.CHIATL
    3.160
    -0.090
    -2.8%
  • TSTOPVRPM.DALLAX
    1.440
    0.000
    0%
  • TSTOPVRPM.LAXDAL
    2.820
    -0.010
    -0.4%
  • TSTOPVRPM.PHLCHI
    2.160
    -0.030
    -1.4%
  • TSTOPVRPM.LAXSEA
    3.400
    -0.020
    -0.6%
  • WAIT.USA
    125.000
    -1.000
    -0.8%
  • ITVI.USA
    15,299.240
    -0.110
    0%
  • OTRI.USA
    25.510
    0.060
    0.2%
  • OTVI.USA
    15,294.330
    11.020
    0.1%
  • TLT.USA
    2.690
    0.020
    0.7%
  • TSTOPVRPM.ATLPHL
    2.900
    -0.030
    -1%
  • TSTOPVRPM.CHIATL
    3.160
    -0.090
    -2.8%
  • TSTOPVRPM.DALLAX
    1.440
    0.000
    0%
  • TSTOPVRPM.LAXDAL
    2.820
    -0.010
    -0.4%
  • TSTOPVRPM.PHLCHI
    2.160
    -0.030
    -1.4%
  • TSTOPVRPM.LAXSEA
    3.400
    -0.020
    -0.6%
  • WAIT.USA
    125.000
    -1.000
    -0.8%
AskWavesCanadaInternationalNewsTop Stories

Can foreign-based trucks haul domestic US freight?

AskWaves: The answer boils down to cabotage regulations.

Under most circumstances, commercial trucks based in foreign countries — Canada and Mexico — cannot haul domestic freight between two points in the U.S. That principle stems from laws and regulations governing cabotage: the point-to-point transportation of goods within a country by a foreign operator.

Things get a little more complicated, though, when it comes to the finer points of law. A section of the Code of Federal Regulations relating to customs technically creates an opening for domestic moves of freight that are “incidental” to the cross-border run and in the same direction of travel. 

But in most cases, this provision — under “Entry of foreign-based trucks, busses, and taxicabs in international traffic” —  is meaningless because of the following sentence: “An alien driver will not be permitted to operate a vehicle under this paragraph, unless the driver is in compliance with the applicable regulations of the Immigration and Naturalization Service.”

The trouble is that Canadian and Mexican drivers don’t allow them to engage in these kinds of moves under the terms of their entry into the United States. As U.S. Customs and Border Protection explains on its website: “No. For Immigration purposes, that is considered point-to-point hauling within the United States and is not permitted. The driver may only take goods loaded in the United States to Canada or Mexico.”

So, in short: the Mexican or Canadian tractor-trailer might be able to do one of these “incidental” moves, but the drivers can’t. Though if the driver happened to be a U.S. citizen as well, it would seem to be permissible.

This is part of FreightWaves’ AskWaves series. If you have a question for our editorial team to explore, click here. For more AskWaves articles, click here.

Click for more FreightWaves articles by Nate Tabak

Nate Tabak, Border and North America Correspondent

Nate Tabak is a Toronto-based investigative journalist and producer who covers cybersecurity and cross-border trucking and logistics for FreightWaves. He spent seven years reporting stories in the Balkans and Eastern Europe as a reporter, producer and editor based in Kosovo. He previously worked at newspapers in the San Francisco Bay Area, including the San Jose Mercury News. He graduated from UC Berkeley, where he studied the history of American policing. Contact Nate at ntabak@freightwaves.com.

One Comment

  1. Make it simple make all truck drivers on U S soil know English and make all companies pay their drivers on Payroll $21.00 U A plus overtime for all O T R truck drivers. Allow U S companies to pay local truck drivers 17.50 U S plus overtime. All truck drivers need to be paid this and their would be no problem of a truck driver shortage.

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