Differences Between Intrastate and Interstate Trucking Permits

Differences Between Intrastate and Interstate Trucking Permits (New Mexico)

1. Basic Definition

• Intrastate Trucking:
  Operates only within the state of New Mexico. The truck picks up and delivers cargo within state lines and does not cross state borders.

• Interstate Trucking:
  Involves traveling across state lines—either starting, ending, or passing through New Mexico as part of a trip that crosses into another state (or even another country, like Mexico or Canada).

2. Governing Authority

• Intrastate:
  Regulated by the New Mexico Public Regulation Commission (PRC) and the New Mexico Motor Carrier Division (MVD) under state laws.

• Interstate:
  Regulated primarily by the Federal Motor Carrier Safety Administration (FMCSA) and must also comply with New Mexico’s entry and tax permit requirements when operating in the state.

3. Permit and Registration Requirements

• Intrastate Trucking:

  • Must obtain a New Mexico Intrastate Operating Authority from the PRC.

  • Vehicles must have a New Mexico-based USDOT number (if required by vehicle weight or cargo type).

  • Must register for the New Mexico Weight Distance Tax Permit if the vehicle’s gross weight exceeds 26,000 pounds.

• Interstate Trucking:

  • Must have FMCSA authority (MC number) and a USDOT number.

  • Must register under the International Registration Plan (IRP) for apportioned plates.

  • Must participate in the International Fuel Tax Agreement (IFTA) or obtain trip and fuel permits for New Mexico if not IFTA-registered.

  • Also subject to the New Mexico Weight Distance Tax Permit if traveling through the state.

4. Insurance Requirements

• Intrastate:
  Must meet New Mexico state minimum insurance limits, which vary by vehicle type and cargo.

• Interstate:
  Must meet federal minimum insurance requirements, which are typically higher and depend on the type of freight (e.g., general freight, hazardous materials).

5. Compliance and Safety Rules

• Intrastate:
  Follows New Mexico’s specific safety and operational regulations for commercial motor carriers.

• Interstate:
  Must comply with federal safety standards (FMCSA regulations), including driver hours of service (HOS), ELD requirements, vehicle inspection standards, and drug/alcohol testing programs.

6. Tax and Reporting Obligations

• Intrastate:
  Only file New Mexico’s Weight Distance Tax and state fuel tax reports.

• Interstate:
  File IFTA fuel tax reports, IRP registration renewals, and multi-state tax filings that include mileage and fuel use across all states traveled.

7. Examples

• Intrastate Example:
  A trucking company based in Albuquerque hauls construction materials from Santa Fe to Las Cruces. The entire operation stays within New Mexico — Intrastate.

• Interstate Example:
  A carrier delivers goods from El Paso, TX to Albuquerque, NM or from Farmington, NM to Denver, CO — crossing state lines — Interstate.

8. Penalties for Non-Compliance

Operating without the proper authority or permits (either intrastate or interstate) can result in:

• Fines and penalties from the New Mexico MVD or FMCSA

• Vehicle impoundment

• Suspension or revocation of operating authority

In Summary