Historical textIn force on Oct. 1, 1999Source: annual CFR editions 1996–1999

§ 355.21 Regulatory review.

Wording first on file in the 1996 annual edition, superseded by the 2000 annual edition.

govinfo, 1999 edition ↗

Compare with

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1999 edition's wording. An amendment that took effect between Oct. 1, 1999 and Oct. 1, 1999 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 355.21 — Regulatory review.. Text in force on October 1, 1999. This wording effective October 1, 1996 to October 1, 2000. Source: govinfo, 1999 edition, https://www.govinfo.gov/app/details/CFR-1999-title49-vol4/CFR-1999-title49-vol4-sec355-21. Retrieved from FMCSR.com, https://fmcsr.com/reg/355.21?asof=1999-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) General. Each State shall annually analyze its laws and regulations, including those of its political subdivisions, which pertain to commercial motor vehicle safety to determine whether its laws and regulations are compatible with the Federal Motor Carrier Safety Regulations. Guidelines for the regulatory review are provided in the appendix to this part.

(b) Responsibility. The State agency designated as lead agency for the administration of grants made pursuant to part 350 of this subchapter is responsible for reviewing and analyzing State laws and regulations for compliance with this part. In the absence of an officially designated Motor Carrier Safety Assistance Program (MCSAP) lead agency or in its discretion, the State shall designate another agency responsible to review and determine compliance with these regulations.

(c) State review. (1) The State shall determine which of its laws and regulations pretaining to commercial motor vehicle safety are the same as the Federal Motor Carrier Safety or Federal Hazadous Materials Regulations. With respect to any State law or regulation which is not the same, the State shall identify such law or regulation and determine whether:

(i) It has the same effect as a corresponding section of the Federal Motor Carrier Safety or Federal Hazardous Materials Regulations;

(ii) It applies to interstate commerce;

(iii) It is more stringent than the FMCSR or FHMR in that it is more restrictive or places a greater burden on any entity subject to its provisions;

(2) If the inconsistent State law or regulation applies to interstate commerce and is more stringent than the FMCSR or FHMR, the State shall determine:

(i) The safety benefits associated with such State law or regulation; and

(ii) The effect of the enforcement of such State law or regulation on interstate commerce.

(3) If the inconsistent State law or regulation does not apply to interstate commerce or is less stringent than the FMCSR or FHMR, the tolerance guidelines for participation in the Motor Carrier Safety Assistance Program in part 350 of this subchapter shall apply.

Amendment history

2 distinct wordings on file since Oct. 1, 1996

Oct. 1, 2000 → July 24, 2020annual editions 2000–2016diff vs. previous
[57 FR 40962, Sept. 8, 1992, as amended at 65 FR 15109, Mar. 21, 2000]
Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999viewing

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.