§ 350.335 What are the consequences if a State has laws or regulations incompatible with the Federal regulations?
Wording effective January 1, 2017, superseded May 17, 2018.
(a) AFMCSA may initiate a proceeding to withdraw Plan approval or withhold MCSAP funds in accordance with 49 CFR 320.215 in the following situations:
(1) When a State that currently has compatible CMV safety laws and regulations pertaining to interstate commerce (i.e., rules identical to the FMCSRs and HMRs or have the same effect as the FMCSRs and identical to the HMRs) and intrastate commerce (i.e., rules identical to or within the tolerance guidelines for the FMCSRs and identical to the HMRs) but enacts a law or regulation which results in an incompatible rule will not be eligible for Basic Program Funds nor Incentive Funds.;
(b2) AWhen a State that fails to adopt anya new regulationFMCSR or HMR or an amendment to thean FMCSRsFMCSR or HMRsHMR within three3 years of its effective date; will be deemed to have incompatible regulations and will not be eligible for Basic Program nor Incentive Funds.or
(c) Those States with incompatible laws regulations pertaining to intrastate commerce and receiving 50 percent of their basic formula allocation on April 20, 2000 will continue at that level of funding until those incompatibilities are removed, provided no further incompatibilities are created.
(d3) Upon a finding by the FMCSA, based upon its own initiative or upon a petition of any person, including any State, that youra State law, regulation or enforcement practice pertaining to CMV safety, in either interstate or intrastate commerce, is incompatible with the FMCSRs or HMRs, the FMCSA may initiate a proceeding under § 350.215 for withdrawal of eligibility for all Basic Program and Incentive Funds.
(eb) Any decision regarding the compatibility of your State law or regulation with the HMRs that requires an interpretation will be referred to the Pipeline and Hazardous Materials Safety Administration of the DOT for such interpretation before proceeding under § 350.215.
[6581 FR 1510271015, Mar. 21, 2000, as amended at 77 FR 59823, Oct. 114, 20122016]
(a) FMCSA may initiate a proceeding to withdraw Plan approval or withhold MCSAP funds in accordance with 49 CFR 320.215 in the following situations:
(1) When a State that currently has compatible CMV safety laws and regulations pertaining to interstate commerce (i.e., rules identical to the FMCSRs and HMRs or have the same effect as the FMCSRs and identical to the HMRs) and intrastate commerce (i.e., rules identical to or within the tolerance guidelines for the FMCSRs and identical to the HMRs) enacts a law or regulation which results in an incompatible rule;
(2) When a State fails to adopt a new FMCSR or HMR or an amendment to an FMCSR or HMR within 3 years of its effective date; or
(3) Upon a finding by FMCSA, based upon its own initiative or upon a petition of any person, including any State, that a State law, regulation or enforcement practice pertaining to CMV safety, in either interstate or intrastate commerce, is incompatible with the FMCSRs or HMRs.
(b) Any decision regarding the compatibility of State law or regulation with the HMRs that requires an interpretation will be referred to the Pipeline and Hazardous Materials Safety Administration of the DOT for such interpretation before proceeding under § 350.215.
[81 FR 71015, Oct. 14, 2016]
Amendment history
5 distinct wordings on file since Oct. 1, 2000- [81 FR 71015, Oct. 14, 2016, as amended at 83 FR 22873, May 17, 2018]
- [81 FR 71015, Oct. 14, 2016]
- [81 FR 71015, Oct. 14, 2016]
- [65 FR 15102, Mar. 21, 2000, as amended at 77 FR 59823, Oct. 1, 2012]
- Oct. 1, 2000 → Oct. 1, 2012annual editions 2000–2011
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.