49 C.F.R. § 390.9
State and local laws, effect on
Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations by the person subject thereto.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1978–2025 · leading case: Raymond Motor Transp., Inc. v. Rice, 434 U.S. 429 (1978).
Raymond Motor Transp., Inc. v. Rice, 434 U.S. 429 (1978). “See 49 CFR §§ 390.9 , 393.71, and 393.17 (1976).”
Soo Line R.R. Co. v. Werner Enter., 825 F.3d 413 (8th Cir. 2016). “49 C.F.R. § 390.9 (“Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full…”
Everett v. 357 Corp., 21 Am. Disabilities Cas. (BNA) 1362 (Mass. 2009). “49 C.F.R. § 390.9 (2008). Accordingly, DOT’S authority to resolve conflicts concerning DOT certification (subject to Federal judicial review) is exclusive.”
North Carolina Motorcoach Ass'n Ex Rel. McGill, Inc. v. Guilford Cnty. Bd. of Educ., 315 F. Supp. 2d 784 (M.D.N.C. 2004). “The Court first notes that Specialized Carriers relied on 49 C.F.R. § 390.9 (part of the FMCSR), which states, in pertinent part, that “[e]xcept as otherwise specifically indicated, Subchapter B of this chapter is not intended to preclude States or subdivisions thereof from…”
Interstate Towing Ass'n, Inc. v. City of Cincinnati, Ohio, 6 F.3d 1154 (6th Cir. 1993). “49 C.F.R. § 390.9 . Again, the MCSA specifically requires that the Secretary take into account the existence of state motor vehicle safety laws in promulgating regulations so as to “minimize unnecessary preemption.”
Kube v. New Penn Motor Express, Inc., 865 F. Supp. 221 (D.N.J. 1994). “” 49 C.F.R. § 390.9 . “[T]he federal regulatory scheme governing the physical qualifications for drivers indicates an intent on the part of Congress to occupy the field of driver regulation [only] to the extent of existing regulations.”
Brown v. Holiday Stationstores, Inc., 723 F. Supp. 396 (D. Minnesota 1989). “” 49 C.F.R. 390.9. The gist of plaintiffs claim is not that he should have been retained by Fairway as a driver notwithstanding his insulin dependency, but rather that Fairway should have accommodated his handicap by assigning him to other work for which he was qualified.”
Sleeper v. URS Midwest, Inc., 347 F. Supp. 3d 408 (D. Alaska 2018). “See 49 C.F.R. § 390.9 ("Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full…”
Parks v. Daily Express, Inc., 719 F. Supp. 2d 894 (E.D. Tenn. 2010). “from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations”). Thus, where federal regulations provide general guidelines for safe driving, Tennessee is free to require more specific…”
Interstate Towing Ass'n, Inc. v. Cincinnati, 799 F. Supp. 805 (S.D. Ohio 1992). “49 C.F.R. § 390.9 (1991). 4. There is no conflict between the Federal Motor Carrier Safety Act and the Cincinnati ordinance at issue in this case; nor is it physically impossible to be in compliance with both federal law and Cincinnati Municipal Code Chapter 869.”
Akbar v. Khai (S.D. Ohio 2020). “Count VI alleges negligence against both Khai and Swift for operating a motor vehicle in violation of the O.”
Kerr v. Ingersoll-rand Indus. U.s., Inc. (M.D.N.C. 2025). “” 49 C.F.R. § 390.9 . In other words, FMCSR only sets “minimum safety standards for commercial motor vehicles.”
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