§ 350.333 What are the guidelines for the compatibility review?
Wording effective January 1, 2017, superseded July 24, 2020. The section was then removed.
(a) The State law or regulation must apply to all segments of the motor carrier industry (i.e., for-hire and private motor carriers of property and passengers).
(b) Laws and regulations reviewed for the CDL compliance report are excluded from the compatibility review.
(c) Definitions of words or terms must be consistent with those in the FMCSRs and HMRs.
(d) A State must identify any law or regulation that is not the same as the corresponding Federal regulation and evaluate it in accordance with the table to this section as follows:
Table to § 350.333 - Guidelines for the State Law and Regulation Compatibility Review
| Law or regulation has same effect as corresponding Federal regulation | Applies to interstate or intrastate commerce | Less stringent or more stringent | Action authorized |
|---|---|---|---|
| (1) Yes | Compatible - Interstate and intrastate commerce enforcement authorized. | ||
| (2) No | Intrastate | Refer to § 350.341 | |
| (3) No | Interstate | Less stringent | Enforcement prohibited. |
| (4) No | Interstate | More stringent | Enforcement authorized if the State can demonstrate the law or regulation has a safety benefit or does not create an undue burden upon interstate commerce (See 49 CFR part 355). |
Amendment history
2 distinct wordings on file since Oct. 1, 2000- Oct. 1, 2000 → Jan. 1, 2017annual editions 2000–2016
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.