49 C.F.R. § 655.6

Preemption of state and local laws

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(a) Except as provided in paragraph (b) of this section, this part preempts any state or local law, rule, regulation, or order to the extent that:

(1) Compliance with both the state or local requirement and any requirement in this part is not possible; or

(2) Compliance with the state or local requirement is an obstacle to the accomplishment and execution of any requirement in this part.

(b) This part shall not be construed to preempt provisions of state criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Matter of Middleton v. New York City Tr. Auth., 2024 NY Slip Op 33533(U) (N.Y. Sup. Ct., New York Cty. 2024).

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Matter of Middleton v. New York City Tr. Auth., 2024 NY Slip Op 33533(U) (N.Y. Sup. Ct., New York Cty. 2024). “”); 49 CFR § 655.6 (“[T]his part preempts any state or local law, rule, regulation, or order to the extent that: (1) Compliance with both the state or local requirement and any requirement in this part is not possible; or (2) Com- pliance with the state or local requirement is…”

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