Attorney Brian White Personal Injury Lawyers | April 10, 2025 | Texas Laws
Many people may not put much thought into interstate vs. intrastate trucking. However, the differences expand beyond whether the goods are delivered within a state or across state lines. Regulations, insurance requirements, and driver qualifications also vary significantly. Understanding these differences may affect how your Houston truck accident claims are handled and the legal strategies available for seeking compensation.
What Differentiates Intrastate From Interstate Trucking?
Intrastate trucking refers to trucks operating within the same state, while interstate trucking refers to trucks carrying goods or traveling across state lines. Trucks used in both types of commerce are subject to different licensing, insurance requirements, and driving regulations.
Some common examples of intrastate trucking you may see on the road might include tow trucks transporting vehicles, garbage trucks, cement trucks, or box trucks like those used by U-Haul. While larger commercial vehicles like semi-trucks, 18-wheelers, flatbeds, or tankers may also be considered interstate trucking, you are less likely to encounter a cement mixer traveling from a different state to deliver in Houston.
You may find that intrastate vehicles are more likely to be the local government’s property, vs. interstate vehicles that are often owned or leased by a private business. While this may not change the details of your case, you may pursue a personal injury case differently when it is against a local municipality vs. a large interstate commerce company.
Differing Federal and State Regulations
Truckers are responsible for complying with regulations set by their corresponding governing bodies. For intrastate trucking, the Texas Department of Public Safety Commercial Vehicle Enforcement oversees and enforces guidelines.
The Federal Motor Carrier Safety Administration (FMCSA) oversees Interstate trucking. Some regulations, such as weight limits, are consistent between Texas and federal requirements. Others are generally similar but have slight variations.
Hours of Service
One area where these regulations differ is the Hours of Service guidelines. The FMCSA Hours of Service requirements set the rules for how many hours a truck driver can drive. These allow interstate drivers to drive no more than 11 hours in a 14-hour window without 10 consecutive hours off duty prior to the shift.
The Texas Hours of Service Regulations allow intrastate drivers to drive up to 12 hours in a 15-hour period with eight consecutive hours of rest or off-duty time prior to the shift.
Insurance Requirements:
The minimum insurance requirements for intrastate and interstate trucking vary. Texas requires $500,000 to $5,000,000 worth of coverage for intrastate travel. Interstate requires the federal minimums to range from $750,000 to $5,000,000. Interstate truckers must also obtain the MCS-90 endorsement per the Motor Carrier Act of 1980.
How Can I Determine if a Truck Participates in Interstate or Intrastate Trucking?
It may not be immediately evident whether a truck operates exclusively within Texas or travels across state lines. However, Trucks are required to obtain and display their DOT number, whether the TxDOT or FMCSA issues them.
The FMCSA guidelines state that the number should be permanently affixed to either side of the vehicle along with the trade name or motor carrier business name. The letters should be visible from at least 50 feet away during daylight hours and heavily contrasted with the background.
If you were in an accident with a commercial motor vehicle (CMV) and did not take notice of this number at the time of the accident, it will often be included in the police report. You can obtain a copy by contacting the relevant department. You may also note whether the truck driver received a citation for DOT violations at the accident scene to help you determine their status.
Contact a Houston Personal Injury Lawyer to Help You With Your Case
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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