Does the transportation of cargo or passengers within State B constitute interstate commerce?
Guidance: Yes. The courts and the ICC developed a test that clarifies the legal status of intrastate portions of interstate trips. The character of the intrastate leg depends on the shipper’s fixed and persistent intent when the transportation began. The fixed and persistent intent in this case was to move property—the vehicle itself—across State lines and between two points in State B where it was used to haul cargo or passengers. The transportation within State B, therefore, constitutes interstate commerce. In some cases the motor carrier may be the shipper. Question 14: What is the applicability of the FMCSRs to motor carriers owning and operating school buses that contract with a municipality to provide pupil transportation services? Guidance: For the purposes of the FMCSRs, parts 390-399, ‘‘school bus operation’’ means the use of a school bus to transport school children and/or school personnel from home to school and from school to home. A ‘‘school bus’’ is a passenger motor vehi
