San Diego Region
Cabotage Clarifications:
For there to be a violation of cabotage, there must be a point-to-point domestic movement within the United States.
There isn’t a 24-hour time limit to a B1 driver’s presence within the United States. The B1 driver is allowed reasonable time to make a delivery and pickup for export and return to Mexico.
Also, there are no mileage restrictions. Some drivers believe they can only stay within 100 miles of the border, that is false. The B1 driver is allowed the necessary mileage to deliver and pickup an export, then return to Mexico.
A B1 driver is allowed to deliver a shipment from Mexico to multiple addresses within the United States.
A B1 driver is allowed a reasonable deviation from their route to obtain documentation which is considered a necessary incident of international commerce.
A B1 driver may “spot” or “shunt” an empty trailer (other than the one they came in with) within a yard or a lot if it’s a necessary incident to that driver’s international commerce (i.e. moving an empty trailer out of the way to complete an international delivery to the warehouse door or delivery dock).
The port of entry being closed or delays due to a system interruption are not considered part of the clearance by a government agency. In those instances, if the driver parks the tractor in the United States, and goes to Mexico for the night, the shipment will be considered to have come to a rest. The B1 driver will be in violation of cabotage as they enter the United States to retrieve the shipment.
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