CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 350—COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM > SUBPART C—Funding (§350.301 to §350.345) > 350.333—What are the guidelines for the compatibility review?

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.
(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 ).