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Federal regulations · Through 2026-08-25 · Newer source version available

49 CFR 397.203: Standards for determining preemption.

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Where this section sits in the code
  1. Title 49—Transportation
  2. Subtitle B—Other Regulations Relating to Transportation
  3. CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
  4. SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS
  5. PART 397—TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES
  6. Subpart E—Preemption Procedures

(a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if—

(1) Compliance with both the highway routing designation and any requirement under the Act or of a regulation issued under the Act is not possible;

(2) The highway routing designation as applied or enforced creates an obstacle to the accomplishment and execution of the Act or the regulations issued under the Act; or

(3) The highway routing designation is preempted pursuant to § 397.69(b) of this part.

(b) [Reserved]

Collected 2026-08-27T02:26:34Z. Source file · JSON

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