49 CFR 382.109 : Transportation (§ 1.1 To Parts 1581-1699) — (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Other Regulations Relating To Transportation (Continued) (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Federal Motor Carrier Safety Administration, Department Of Transportation (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Federal Motor Carrier Safety Regulations (§ 350.101 To Appendix G To Subchapter B Of Chapter Iii) — Controlled Substances And Alcohol Use And Testing (§ 382.101 To § 382.605) — General (§ 382.101 To § 382.121) — Preemption of State and local laws.

(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.