US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC20106]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20106. National uniformity of regulation

    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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866; Pub. L. 107-
296, title XVII, Sec. 1710(c), Nov. 25, 2002, 116 Stat. 2319.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.