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REGSENSE
Topic Search
Drug and Alcohol Testing - DOT - Alcohol testing - Motor Carrier

§382.109 Preemption of State and local laws.

RegSense English Fleet Safety Federal Motor Carrier Safety Administration (FMCSA), DOT Drug and Alcohol Testing - DOT CFR Regulations Drug testing - Motor Carrier Focus Area CFR Section Alcohol testing - Motor Carrier Transportation USA

(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 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 law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public.

['Drug and Alcohol Testing - DOT']

['Alcohol testing - Motor Carrier', 'Drug testing - Motor Carrier']

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