[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.9]

[Page 215]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199_DRUG AND ALCOHOL TESTING--Table of Contents
 
                            Subpart A_General
 
Sec. 199.9  Preemption of State and local laws.

    (a) Except as provided in paragraph (b) of this section, this part 
preempts any State or local law, rule, regulation, or order to the 
extent that:
    (1) Compliance with both the State or local requirement and this 
part is not possible;
    (2) Compliance with the State or local requirement is an obstacle to 
the accomplishment and execution of any requirement in this part; or
    (3) The State or local requirement is a pipeline safety standard 
applicable to interstate pipeline facilities.
    (b) This part shall not be construed to preempt provisions of State 
criminal law that impose sanctions for reckless conduct leading to 
actual loss of life, injury, or damage to property, whether the 
provisions apply specifically to transportation employees or employers 
or to the general public.

[Amdt. 199-9, 59 FR 7430, Feb. 15, 1994. Redesignated and amended by 
Amdt. 199-19, 66 FR 47119, Sept. 11, 2001]

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