Reply To: 2.9 Definitions – Commerce

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#1806
kaitlan
Keymaster
Posted: Aug/24/2018 at 3:17pm – author:Kellee_TSASS
2.9 Commerce 
 
2.9.1 commerce: Commerce is any trade, traffic, or transportation of commodities or persons for financial consideration or exchange, or in the furtherance of a business enterprise.
 
2.9.2 interstate commerce: Interstate commerce is commerce in the United States where the transit between the points of origin and termination does not occur entirely within the borders of the state of origin.
 
Inclusions:
 
• Between a place in a state and place outside of such state (including a place outside of the U.S.)
 
• Between two places in a state through another state or a place outside of the U.S.
 
• Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the U.S.
 
Exclusions:
 
o Intrastate commerce
 
2.9.3 intrastate commerce: Intrastate commerce is commerce in any state where the transit between the points of origin and termination occurs entirely within the borders of the state of origin.
 
Exclusions:
 
o Interstate commerce
 
2.9.4 motor carrier:  A motor carrier is the legal business entity, individual, partnership, corporation, or organization that directs, controls, and is responsible for the transportation of goods, property, or people.
 
Inclusions:
 
• For-hire and private business entities engaged in commerce
 
• Governments
 
• Religious organizations; i.e., churches, temples, synagogues, mosques, etc.
 
• Charities
 
• All other entities responsible for the transportation of goods, property, or people
 
2.9.5 hazardous material: Hazardous material is a substance or material which has been designated by the U.S. Department of Transportation, or other authorizing entity, as capable of posing an unreasonable risk to health, safety, and property when transported in commerce. Any motor vehicle transporting hazardous materials in quantities 
 
above the thresholds established by the U.S. Department of Transportation, or other authorized entity, is required to display a hazardous materials placard (See 2.9.5.1).
 
Exclusions:
 
o Fuel or oil carried by the vehicle for its own use
 
2.9.5.1 hazardous materials placard: A hazardous materials placard is a sign required to be affixed to any motor vehicle transporting hazardous materials in quantities above the thresholds established by the U.S. Department of Transportation, or other authorized entity. This placard identifies the hazard class division number, 4-digit hazardous material identification number, or name of the hazardous material being transported.
 
2.9.6 at work: A person is at work when engaged in duties, activities, or tasks that produce a product or service; that are done in exchange for money, goods, services, profit, or benefit; and that are legal activities in the United States.  
 
Inclusions:
 
• Persons who are driving or traveling as a condition of employment for a work-related activity.
 
Examples:
 
1.) Truck driver driving for pay with or without cargo
 
2.) Salesperson driving to a customer’s office for a sales call
 
3.) Sales trainee riding with the salesperson in Example 2
 
4.) Clerk driving own personal vehicle at request of supervisor to buy office supplies
 
5.) Self-employed construction worker hauling materials to job site
 
6.) A police vehicle patrolling or responding to an emergency
 
7.) Any person driving a company-owned vehicle from their home in a work-related activity
 
 
Exclusions:
 
o Persons who are commuting to or from work
 
o Persons driving or traveling for reasons not required by the person’s employer for a work-related activity
 
Examples:
 
1.) Truck driver using employer’s truck to do personal errands
 
2.) Salesperson driving home (commuting) after last sales call of the day
 
3.) Sales trainee driving to second job after last sales call of the day
 
4.) Clerk driving between home and office
 
5.) Self-employed construction worker hauling materials for use at his/her own home
 
6.) Any person driving a company-owned vehicle to or from their home in a non-work-related activity
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