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> What are the guidelines for the compatibility review?
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What are the guidelines for the compatibility review?
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Part 350
< 350.331
350.335 >
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Subpart C - Funding
Code of Federal Regulations
§ 350.333
What are the guidelines for the compatibility review?
(a) The State law or regulation must apply to all segments of the motor carrier industry (
i.e.,
for-hire and private motor carriers of property and passengers).
(b) Laws and regulations reviewed for the CDL compliance report are excluded from the compatibility review.
(c) Definitions of words or terms must be consistent with those in the FMCSRs and HMRs.
(d) A State must identify any law or regulation that is not the same as the corresponding Federal regulation and evaluate it in accordance with the table to this section as follows:
Table to § 350.333—Guidelines for the State Law and Regulation Compatibility Review
Law or regulation has same effect as corresponding Federal regulation
Applies to interstate or intrastate commerce
Less stringent or more stringent
Action authorized
(1) Yes
Compatible—Interstate and intrastate commerce enforcement authorized.
(2) No
Intrastate
Refer to § 350.341
(3) No
Interstate
Less stringent
Enforcement prohibited.
Code of Federal Regulations
31
(4) No
Interstate
More stringent
Enforcement authorized if the State can demonstrate the law or regulation has a safety benefit or does not create an undue burden upon interstate commerce (See 49 CFR Part 355).
