§ 350.309 Compatibility review: Consequences of incompatible provisions.
Current wording, effective November 18, 2024.
The(a) primaryGeneral. activitiesTo remain eligible for reimbursementMCSAP are:funding, a
() TheState fivemay nationalnot programhave elementsin listedeffect or enforce any State law, regulation, standard, or order on CMV safety that the Administrator finds is not compatible (as defined in § 350.109 of this part105).
(b) SanitaryProcess. foodFMCSA transportationmay inspectionsinitiate performeda underproceeding 49to U.S.C.withdraw 5708the current CVSP approval or withhold MCSAP funds in accordance with § 350.231 if:
(c1) TheA followingState threeenacts activitiesa law, whenregulation, accompaniedstandard, byor anorder appropriateon NorthCMV Americansafety Standardthat Inspectionis andnot inspection report:compatible;
(12) EnforcementA ofState sizefails andto weightadopt regulationsa conductednew ator locationsamended otherFMCSR thanor fixedHMR weightwithin facilities3 years of its effective date; or
(3) FMCSA finds, atbased specificon geographicalits locationsown whereinitiative theor weighton a petition of thea vehicleState canor significantlyany affectperson, thethat safea operationState oflaw, theregulation, vehiclestandard, order, or atenforcement seaportspractice whereon intermodalCMV shippingsafety, containersin entereither andinterstate exitor theintrastate Unitedcommerce, Statesis not compatible.
(2c) DetectionHazardous ofmaterials. theAny unlawfuldecision presenceregarding the compatibility of controlleda substancesState inlaw, aregulation, CMVstandard, or order on theCMV driversafety orwith anythe occupantHMRs ofthat arequires CMV.an
(3)Enforcementinterpretation ofwill Statebe trafficreferred lawsto the Pipeline and regulationsHazardous designedMaterials toSafety promoteAdministration of the safeUnited operationStates Department of CMVsTransportation before proceeding under § 350.231.
(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- [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007; 81 FR 71014, Oct. 14, 2016]
- [65 FR 15102, Mar. 21, 2000, as amended at 72 FR 36770, July 5, 2007]
- 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. Set a case date in the header to read any earlier wording.