[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: 49CFR350.335]



[Page 30]

 

                        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.