政策法规现行有效美国跨境陆运

§ 390.46 Are State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment preempted by the Federal Motor Carrier Safety Regulations?

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2026-04-30	2026-04-30	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布04-30

生效04-30

摘要总结AI 辅助解读

该条款明确联邦《机动车承运人安全法规》（FMCSR）对多式联运设备（如底盘车）的检查、维修和保养具有优先权。任何州或地方法规若超出或与联邦要求不一致，将被视为无效。虽然2005年前存在的州级定期检验要求原则上已于2009年失效，但各州可向联邦汽车运输安全管理局（FMCSA）申请“非优先权认定”，证明其标准与联邦同等有效且不阻碍州际贸易。若州法后续修订，需重新申请认定方可生效。

(a) General. As provided by 49 U.S.C. 31151(d), a law, regulation, order, or other requirement of a State, a political subdivision of a State, or a tribal organization relating to the inspection, repair, and maintenance of intermodal equipment is preempted if such law, regulation, order, or other requirement exceeds or is inconsistent with a requirement imposed by the Federal Motor Carrier Safety Regulations.
(b) Pre-existing State requirements —(1) In general. Pursuant to 49 U.S.C. 31151(e)(1), unless otherwise provided in paragraph (b)(2) of this section, a State requirement for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005, shall remain in effect only until June 17, 2009.

- (2) Nonpreemption determinations —(i) In general. Pursuant to 49 U.S.C. 31151(e)(2), and notwithstanding paragraph (a) of this section, a State requirement described in paragraph (b)(1) of this section is not preempted if the Administrator determines that the State requirement is as effective as the FMCSA final rule and does not unduly burden interstate commerce.

- (ii) Application required. Paragraph (b)(2)(i) of this section applies to a State requirement only if the State applies to the Administrator for a determination with respect to the requirement before the effective date of the final rule (June 17, 2009). The Administrator will make a determination with respect to any such application within 6 months after the date on which the Administrator receives the application.

- (iii) Amended State requirements. If a State amends a regulation for which it previously received a nonpreemption determination from the Administrator under paragraph (b)(2)(i) of this section, it must apply for a determination of nonpreemption for the amended regulation. Any amendment to a State requirement not preempted under this subsection because of a determination by the Administrator may not take effect unless it is submitted to the Agency before the effective date of the amendment, and the Administrator determines that the amendment would not cause the State requirement to be less effective than the FMCSA final rule on “Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment” and would not unduly burden interstate commerce.