[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: 49CFR355.21]



[Page 33]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 355_COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING INTERSTATE 

MOTOR CARRIER OPERATIONS--Table of Contents

 

                         Subpart B_Requirements

 

Sec. 355.21  Regulatory review.





    (a) General. Each State shall annually analyze its laws and 

regulations, including those of its political subdivisions, which 

pertain to commercial motor vehicle safety to determine whether its laws 

and regulations are compatible with the Federal Motor Carrier Safety 

Regulations. Guidelines for the regulatory review are provided in the 

appendix to this part.

    (b) Responsibility. The State agency designated as lead agency for 

the administration of grants made pursuant to part 350 of this 

subchapter is responsible for reviewing and analyzing State laws and 

regulations for compliance with this part. In the absence of an 

officially designated Motor Carrier Safety Assistance Program (MCSAP) 

lead agency or in its discretion, the State shall designate another 

agency responsible to review and determine compliance with these 

regulations.

    (c)  State review. (1) The State shall determine which of its laws 

and regulations pertaining to commercial motor vehicle safety are the 

same as the Federal Motor Carrier Safety or Federal Hazardous Materials 

Regulations. With respect to any State law or regulation which is not 

the same as the FMCSRs (FHMRs must be identical), the State shall 

identify such law or regulation and determine whether:

    (i) It has the same effect as a corresponding section of the Federal 

Motor Carrier Safety Regulations;

    (ii) It applies to interstate commerce;

    (iii) It is more stringent than the FMCSRs in that it is more 

restrictive or places a greater burden on any entity subject to its 

provisions.

    (2) If the inconsistent State law or regulation applies to 

interstate commerce and is more stringent than the FMCSRs, the State 

shall determine:

    (i) The safety benefits associated with such State law or 

regulation; and

    (ii) The effect of the enforcement of such State law or regulation 

on interstate commerce.

    (3) If the inconsistent State law or regulation does not apply to 

interstate commerce or is less stringent than the FMCSRs, the guidelines 

for participation in the Motor Carrier Safety Assistance Program in 

Sec. Sec. 350.341, 350.343, and 350.345 of this subchapter shall apply.



[57 FR 40962, Sept. 8, 1992, as amended at 65 FR 15109, Mar. 21, 2000]