Answer: No. Even though he would not be leaving Wyoming, John would be involved in interstate commerce in a commercial motor vehicle and would need to be in compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). This is based on the definitions of “commercial motor vehicle” and “interstate commerce” in 49 CFR 390.5. John’s truck is definitely large enough to be classified as a commercial motor vehicle under federal regulations, but the key question here is whether he would be involved in interstate commerce, and the answer is yes. The definition of interstate commerce includes “trade, traffic, or transportation. . . between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.” In this case, John would remain strictly within Wyoming but the transportation will terminate outside that state, in Colorado.

So how can you tell what’s truly interstate versus intrastate? According to guidance from the Federal Motor Carrier Safety Administration (FMCSA), “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.” In this case, John’s company (the shipper) intends for the goods to get to Colorado, making the trip “interstate” in nature, even though John’s portion of that trip would be within the boundaries of a single state, Wyoming. Therefore, John and his company would become subject to the FMCSRs, which means John needs to be at least 21 years old and otherwise fully qualified under federal standards. In addition, his truck needs to be marked with a USDOT number, have an annual inspection, and comply with most other FMCSR requirements.