[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.13]

[Page 217]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                            Subpart A_General
 
Sec. 219.13  Preemptive effect.

    (a) Under section 20106 of title 49, United States Code, issuance of 
the regulations in this part preempts any State law, rule, regulation, 
order or standard covering the same subject matter, except a provision 
directed at a local hazard that is consistent with this part and that 
does not impose an undue burden on interstate commerce.
    (b) FRA does not intend by issuance of the regulations in this part 
to preempt provisions of State criminal law that impose sanctions for 
reckless conduct that leads to actual loss of life, injury or damage to 
property, whether such provisions apply specifically to railroad 
employees or generally to the public at large.