Effect on State and Local Laws (49 C.F.R. § 390.9)
Legal Commentary : The federal highway agencies regulate many activities that occur between states, sometimes referred to as interstate commerce. This provision of the FMSCA regulations, allows for the states to enact and enforce their own laws as long as those laws still allow for compliance with the federal regulations.
The Georgia legislature has enacted laws and regulations that also govern Georgia’s transportation and highway safety, including trucking. Georgia’s laws and regulations regarding many aspects of trucking and its operations can co-exist with the federal law. In other words, the federal law does not preempt Georgia law or preclude state laws from being enacted and enforced as long as they do not conflict with the federal regulations.
It takes experience and a depth of legal knowledge to understand and apply appropriate legal concepts to a cases involving trucking companies and interstate commerce. As a semi-trailer and truck crash expert, Georgia trucking lawyer Charles Scholle handles complex legal matters that involve federal and state laws. Please contact Scholle Law, by filling out an easy to use form on-line or call us toll-free at 866-972-5287 or in Atlanta at 770-717-5100 to make an appointment to talk with us at no charge. We represent victims involved in trucking accidents or serious injuries that have resulted from collisions with trucks, semi-trailers or other commercial vehicles.
§ 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.