49 USC 20106 - Sec. 20106. National uniformity of regulation

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Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order - (1) is necessary to eliminate or reduce an essentially local safety or security hazard; (2) is not incompatible with a law, regulation, or order of the United States Government; and (3) does not unreasonably burden interstate commerce.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at Large) Section

20106 45:434. Oct. 16, 1970, Pub. L. 91-458, Sec. 205, 84 Stat. 972.

In this section, before clause (1), the words "The Congress declares that" are omitted as unnecessary.

In clause (3), the word "unreasonably" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 2002 - Pub. L. 107-296, Sec. 1710(c), in introductory provisions, in first sentence inserted "and laws, regulations, and orders related to railroad security" after "safety", in second sentence substituted "Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters)," for "Transportation", and in second and third sentences inserted "or security" after "order related to railroad safety". Par. (1). Pub. L. 107-296, Sec. 1710(c)(2), inserted "or security" after "safety".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Section Referred To In Other Sections

This section is referred to in sections 20132, 20153 of this title.