§ 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 elements listed in § 350.109effect ofor thisenforce part.any
(b)SanitaryState foodlaw, transportationregulation, inspectionsstandard, performedor underorder 49on U.S.C.CMV 5708.safety
(c)Thethat followingthe twoAdministrator activities,finds whenis accompaniednot bycompatible an(as appropriatedefined Northin American§ Standard Inspection and inspection report:350.105).
(1b) EnforcementProcess. ofFMCSA CMVmay sizeinitiate anda weightproceeding limitationsto atwithdraw locationsthe othercurrent thanCVSP fixedapproval weightor facilities;withhold atMCSAP specificfunds locationsin suchaccordance aswith steep§ grades350.231 orif:
(1) mountainousA terrainsState whereenacts the weight of a CMVlaw, canregulation, significantlystandard, affect the safe operation of the vehicle; or atorder portson whereCMV intermodalsafety shippingthat containersis enternot and leave the United States.compatible;
(2) DetectionA ofState thefails unlawfulto presenceadopt of a controllednew substanceor inamended aFMCSR CMV or onHMR thewithin person3 years of anyits occupanteffective (includingdate; the operator) of the vehicle.or
(d3) DocumentedFMCSA enforcementfinds, ofbased Stateon trafficits lawsown andinitiative regulationsor designedon toa promotepetition the safe operation of CMVs,a includingState documentedor enforcementany ofperson, suchthat lawsa andState regulationslaw, relatingregulation, tostandard, non-CMVsorder, whenor necessaryenforcement topractice promoteon theCMV safe operation of CMVssafety, ifin theeither numberinterstate ofor motorintrastate carriercommerce, safetyis activitiesnot compatible.
(including roadside safety inspectionsc) conductedHazardous inmaterials. theAny Statedecision isregarding maintained at a level at least equal to the averagecompatibility level of sucha activities conducted in the State inlaw, fiscal years 2003regulation, 2004standard, andor 2005.order Theon StateCMV maysafety notwith usethe moreHMRs thanthat 5requires percentan ofinterpretation itswill MCSAPbe Basicreferred Programto fundsthe forPipeline enforcementand activitiesHazardous relatingMaterials toSafety non-CMVsAdministration unlessof the AdministratorUnited determinesStates thatDepartment aof higherTransportation percentagebefore willproceeding resultunder in§ significant increases in CMV safety350.
[65 FR 15102, Mar 21, 2000, as amended at 72 FR 36770, July 5, 2007]
(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.