[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR382.109]



[Page 169-170]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of Contents

 

                            Subpart A_General

 

Sec.  382.109  Preemption of State and local laws.



    (a) Except as provided in paragraph (b) of this section, this part 

preempts any State or local law, rule, regulation, or order to the 

extent that:

    (1) Compliance with both the State or local requirement in this part 

is not possible; or

    (2) Compliance with the State or local requirement is an obstacle to 

the accomplishment and execution of any requirement in this part.



[[Page 170]]



    (b) This part shall not be construed to preempt provisions of State 

criminal law that impose sanctions for reckless conduct leading to 

actual loss of life, injury, or damage to property, whether the 

provisions apply specifically to transportation employees, employers, or 

the general public.