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Historical textIn force on July 24, 2020Source: eCFR

§ 350.309 What are the consequences if a State has provisions that are not compatible?

Wording effective July 24, 2020, superseded November 18, 2024.

eCFR as of July 24, 2020 ↗
What changedJan. 1, 2017 wording → July 24, 2020 wording+171 added−267 removedHide

The primary activities eligible for reimbursement are:
(a) The five national program elements listed in § 350General.109 ofTo thisremain part.
(b) Sanitary food transportation inspections performed under 49 U.S.C. 5708.
(c) The following activities are also eligible for reimbursementMCSAP whenfunding, parta ofState themay approvednot Plan
(1)have Whenin accompaniedeffect byor anenforce appropriateany NorthState Americanlaw, Standardregulation, Inspectionstandard, andor inspectionorder reporton -
(i) Enforcement of CMV sizesafety andthat weightthe limitationsAdministrator atfinds locations,is excludingnot fixed-weightcompatible facilities, such (as neardefined steepin grades§ or350.105).
(b) mountainousProcess. terrains,FMCSA wheremay theinitiate weight of a CMVproceeding canto significantlywithdraw affect the safecurrent operationCVSP ofapproval the vehicle, or atwithhold portsMCSAP werefunds intermodalin shippingaccordance containerswith enter§ and350.231 leave the United States; andif:
(ii1) DetectionA ofState andenacts enforcement activities taken as a resultlaw, of criminal activityregulation, including the trafficking of human beingsstandard, in a CMV or byorder anyon occupant,CMV includingsafety thethat operatoris ofnot the CMVcompatible; and
(2) ForA documented enforcement of State trafficfails lawsto andadopt regulationsa designednew toor promoteamended theFMCSR safeor operationHMR ofwithin CMVs,3 includingyears documented enforcement of suchits lawseffective anddate; regulationsor
(3) relatingFMCSA tofinds, non-CMVsbased whenon necessaryits toown promoteinitiative theor safeon operationa ofpetition CMVs, if -
(i) The number of motora carrierState safetyor activitiesany person, includingthat roadside safety inspections is maintained at a levelState atlaw, leastregulation, equalstandard, toorder, theor averageenforcement levelpractice ofon suchCMV activitiessafety, conducted in theeither Stateinterstate inor fiscalintrastate yearscommerce, 2004is andnot 2005; andcompatible.
(iic) TheHazardous Statematerials. doesAny notdecision useregarding morethe thancompatibility 10 percent of thea MCSAPState Basiclaw, fundsregulation, forstandard, enforcementor activitiesorder relatingon toCMV non-CMVssafety necessarywith to promote the safeHMRs operation of CMVs, unless the Administrator determines that arequires higheran percentageinterpretation will resultbe inreferred significantto increasesthe inPipeline CMVand safety.
[65Hazardous FRMaterials 15102,Safety Mar.Administration 21,of 2000,the asUnited amendedStates atDepartment 72of FRTransportation 36770,before Julyproceeding 5,under 2007;§ 81 FR 71014, Oct350. 14, 2016]231.

49 CFR § 350.309 — What are the consequences if a State has provisions that are not compatible?. Text in force on July 24, 2020. This wording effective July 24, 2020 to November 18, 2024. Source: eCFR as of July 24, 2020, https://www.ecfr.gov/on/2020-07-24/title-49/section-350.309. Retrieved from FMCSR.com, https://fmcsr.com/reg/350.309?asof=2020-07-24, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) General. To remain eligible for MCSAP funding, a State may not have in effect or enforce any State law, regulation, standard, or order on CMV safety that the Administrator finds is not compatible (as defined in § 350.105).

(b) Process. FMCSA may initiate a proceeding to withdraw the current CVSP approval or withhold MCSAP funds in accordance with § 350.231 if:

(1) A State enacts a law, regulation, standard, or order on CMV safety that is not compatible;

(2) A State fails to adopt a new or amended FMCSR or HMR within 3 years of its effective date; or

(3) FMCSA finds, based on its own initiative or on a petition of a State or any person, that a State law, regulation, standard, order, or enforcement practice on CMV safety, in either interstate or intrastate commerce, is not compatible.

(c) Hazardous materials. Any decision regarding the compatibility of a State law, regulation, standard, or order on CMV safety with the HMRs that requires an interpretation will be referred to the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation before proceeding under § 350.231.

Amendment history

5 distinct wordings on file since Oct. 1, 2000
  1. Nov. 18, 2024 → presenteCFR, day-precisediff vs. previous
  2. July 24, 2020 → Nov. 18, 2024eCFR, day-precisediff vs. previousviewing
  3. Jan. 1, 2017 → July 24, 2020eCFR, day-precisediff vs. previous
    [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007; 81 FR 71014, Oct. 14, 2016]
  4. Oct. 1, 2007 → Jan. 1, 2017annual editions 2007–2016diff vs. previous
    [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007]
  5. Oct. 1, 2000 → Oct. 1, 2007annual editions 2000–2006

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.