[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR350.331]



[Page 29]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                            Subpart C_Funding

 

Sec. 350.331  How does a State ensure its laws and regulations are 

compatible with the FMCSRs and HMRs?



    (a) A State must review any new law or regulation affecting CMV 

safety as soon as possible, but in any event immediately after enactment 

or issuance, for compatibility with the FMCSRs and HMRs.

    (b) If the review determines that the new law or regulation is 

incompatible with the FMCSRs and/or HMRs, the State must immediately 

notify the Motor Carrier State Director.

    (c) A State must conduct an annual review of its laws and 

regulations for compatibility and report the results of that review in 

the annual CVSP in accordance with Sec. 350.213(l) along with a 

certification of compliance, no later than August 1 of each year. The 

report must include the following two items:

    (1) A copy of the State law, regulation, or policy relating to CMV 

safety that was adopted since the State's last report.

    (2) A certification, executed by the State's Governor, Attorney 

General, or other State official specifically designated by the 

Governor, stating that the annual review was performed and that State 

CMV safety laws remain compatible with the FMCSRs and HMRs. If State CMV 

laws are no longer compatible, the certifying official shall explain.

    (d) As soon as practical after the effective date of any newly 

enacted regulation or amendment to the FMCSRs or HMRs, but no later than 

three years after that date, the State must amend its laws or 

regulations to make them compatible with the FMCSRs and/or HMRs, as 

amended.



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