[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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.