According to the Federal Motor Carrier Safety Administration (FMCSA), Title 49 CFR, Part 390.5 interstate commerce is defined as traffic, trade, or transportation in the United States that is between:
- A place within a state and a place outside of that state
- Two places within a state and through another state or a place not within the United States
- Two places within a state as part of trade or traffic or transportation that begins or ends outside that state and even the country
The above definition is often thought of as the stream of interstate clause. This clause is open to different interpretations and can be difficult to agree upon. For the most part, interstate traffic is thought of as interstate commerce at least until it has reached its final destination.
Regarding Intrastate Commerce
According to the Federal Motor Carrier Safety Regulation (FMCSR) Title 49 CFR, Part 390.5, intrastate commerce is defined as trade or traffic or transportation in any of the fifty states that is not covered under the rules of interstate commerce.
Commercial Motor Vehicles Regulations
According to the Federal Motor Carrier Safety Regulations (FMCSR), Title 49 CFR, Part 390.5 a Commercial Motor Vehicle (CMV) is defined as a self-propelled or towed vehicle that is operated on a roadway in interstate commerce for the purposes of transport property or passengers when that vehicle:
- Has a GVWR or GCWR of 10,001 pounds or more or
- Is made or utilized for transporting more than eight passengers for compensation or
- Is made or utilized to carry more than 15 passengers but is not used to carry passengers for compensation or
- Is used to carry materials defined by the Secretary of Transportation as hazardous according to 49 U.S.C. 5103 and such materials are carried in an amount that
requires placarding according to regulations set forth by the Secretary under 49 CFR, subtitle B, chapter 1, subchapter C.