[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: 49CFR350.335]

[Page 814]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table of Contents
 
                            Subpart C_Funding
 
Sec. 350.335  What are the consequences if my State has laws or regulations 
incompatible with the Federal regulations?

    (a) A State that currently has compatible CMV safety laws and 
regulations pertaining to interstate commerce (i.e., rules identical to 
the FMCSRs and HMRs) and intrastate commerce (i.e., rules identical to 
or within the tolerance guidelines for the FMCSRs and identical to the 
HMRs) but enacts a law or regulation which results in an incompatible 
rule will not be eligible for Basic Program Funds nor Incentive Funds.
    (b) A State that fails to adopt any new regulation or amendment to 
the FMCSRs or HMRs within three years of its effective date will be 
deemed to have incompatible regulations and will not be eligible for 
Basic Program nor Incentive Funds.
    (c) Those States with incompatible laws or regulations pertaining to 
intrastate commerce and receiving 50 percent of their basic formula 
allocation on April 20, 2000 will continue at that level of funding 
until those incompatibilities are removed, provided no further 
incompatibilities are created.
    (d) Upon a finding by the FMCSA, based upon its own initiative or 
upon a petition of any person, including any State, that your State law, 
regulation or enforcement practice pertaining to CMV safety, in either 
interstate or intrastate commerce, is incompatible with the FMCSRs or 
HMRs, the FMCSA may initiate a proceeding under Sec. 350.215 for 
withdrawal of eligibility for all Basic Program and Incentive Funds.
    (e) Any decision regarding the compatibility of your State law or 
regulation with the HMRs that requires an interpretation will be 
referred to the Research and Special Programs Administration of the DOT 
for such interpretation before proceeding under Sec. 350.215.