Is Intrastate Authority Required to Transport Freight in Washington?

For carriers starting a transportation business within the state of Washington, one of the most important questions is often: Is intrastate authority required in Washington? The answer depends on the type of transportation being performed, whether the freight being transported belongs to the carrier or to third parties, and whether the operation is conducted exclusively within the state.

Intrastate transportation refers to commercial operations conducted exclusively within the state of Washington. The Washington Department of Licensing (DOL) explains that intrastate commerce exists when a commercial vehicle operates within a single state and the final destination of the freight remains within that same state. An operation may be considered interstate not only when the vehicle crosses a state border, but also when the freight or passengers are part of a trip that began or will end in another state or country.

Therefore, intrastate authority may be required for certain carriers operating on behalf of third parties within Washington. However, not all transportation companies are subject to the same permit requirements.

When Is Intrastate Authority Required?

The Washington Utilities and Transportation Commission (UTC) requires transportation companies operating in Washington to obtain the appropriate permit or certificate and provide the required proof of insurance.

In particular, Washington regulations establish that a person may not operate as a common carrier in intrastate commerce without first obtaining a permit from the commission.

A common carrier may be, for example, an individual or company that transports goods belonging to third parties in exchange for compensation. The UTC defines these carriers as businesses or individuals that transport property, with certain exceptions, such as household goods, for compensation within the state.

Therefore, if a company provides freight transportation services for customers and charges a fee for those services, it is important to determine before beginning operations whether it needs to obtain intrastate operating authority from the UTC.

Not everyone who operates a commercial truck necessarily needs authorization from the UTC. For example, if a company transports its own goods, goods that it is purchasing or selling, or goods that it transports as an incidental part of another business it operates, it generally does not need a commission permit for that transportation. According to the UTC, these operations are considered private carriage.

By contrast, when a company intends to transport freight for third parties for a fee, it may be required to obtain authority before beginning operations. This distinction is essential for determining which requirements a transportation company must meet in Washington.

What Requirements Must an Intrastate Carrier Meet?

Depending on the type of activity, a company may need to meet several requirements before beginning operations:

• UTC operating authority or permit, when the activity is regulated.
• USDOT number, when applicable.
• Liability insurance that meets applicable state requirements.
• Business and vehicle registration.
• Compliance with applicable state and federal safety regulations.
• Proper vehicle identification and marking.
• Compliance with specific requirements for passenger transportation, household goods, solid waste, or hazardous materials, when applicable.

The UTC states that regulated carriers must provide proof of insurance and maintain the required coverage. For certain categories, such as household goods carriers, insurance must remain in effect for vehicles used in intrastate operations in Washington.

How Do You Apply for Intrastate Authority in Washington?

The application process depends on the type of service the carrier intends to provide. The UTC provides a dedicated section for transportation permit applications, along with information for different categories of carriers.

For common carriers, for example, the commission allows applicants to apply for or update a permit and provides information regarding insurance and regulatory requirements. The UTC indicates that complete applications are generally processed more quickly than applications requiring additional information.

It is recommended that you first determine what type of carrier you are and what type of freight you intend to transport, since submitting the wrong application can delay the start of operations.

Beginning operations before obtaining the required authority can result in regulatory issues. Washington regulations expressly state that common carriers may not conduct intrastate operations without first obtaining a permit from the commission.

For this reason, a company planning to start a transportation business in Washington should verify its regulatory obligations before accepting customer loads or beginning to provide transportation services.