[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR232.13]



[Page 542]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-

 

                            Subpart A_General

 

Sec.  232.13  Preemptive effect.



    (a) Under 49 U.S.C. 20106, issuance of the regulations in this part 

preempts any State law, rule, regulation, order, or standard covering 

the same subject matter, except for a provision necessary to eliminate 

or reduce a local safety hazard if that provision is not incompatible 

with this part and does not impose an undue burden on interstate 

commerce.

    (b) Preemption should also be considered pursuant to the Locomotive 

Boiler Inspection Act (now codified at 49 U.S.C. 20701-20703), the 

Safety Appliance Acts (now codified at 49 U.S.C. 20301-20304), and the 

Commerce Clause based on the relevant case law pertaining to preemption 

under those provisions.

    (c) 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.