--- kind: "section" citation: "49 U.S.C. § 31141" title: "49" title_heading: "Transportation" number: "31141" heading: "Review and preemption of State laws and regulations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/31141" units: - "Subtitle VI — Motor Vehicle and Driver Programs" - "Part B — Commercial" - "Chapter 311 — Commercial Motor Vehicle Safety" - "Subchapter III — Safety Regulation" --- # §31141. Review and preemption of State laws and regulations - (a) **Preemption After Decision.—** A [State](/usc/49/31101.md?p=4) may not enforce a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) on [commercial motor vehicle](/usc/49/31101.md?p=1) safety that the Secretary of Transportation decides under this section may not be enforced. - (b) **Submission of Regulation.—** A [State](/usc/49/31101.md?p=4) receiving funds made available under [section 31104](/usc/49/31104.md) that enacts a [State law](/usc/49/31132.md?p=9) or issues a [regulation](/usc/49/31132.md?p=7) on [commercial motor vehicle](/usc/49/31101.md?p=1) safety shall submit a copy of the law or [regulation](/usc/49/31132.md?p=7) to the Secretary immediately after the enactment or issuance. - (c) **Review and Decisions by Secretary.—** - (1) **Review.—** The Secretary shall review [State laws](/usc/49/31132.md?p=9) and [regulations](/usc/49/31132.md?p=7) on [commercial motor vehicle](/usc/49/31101.md?p=1) safety. The Secretary shall decide whether the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7)— - (A) has the same effect as a [regulation](/usc/49/31132.md?p=7) prescribed by the Secretary under [section 31136](/usc/49/31136.md); - (B) is less stringent than such [regulation](/usc/49/31132.md?p=7); or - (C) is additional to or more stringent than such [regulation](/usc/49/31132.md?p=7). - (2) **Regulations with same effect.—** If the Secretary decides a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) has the same effect as a [regulation](/usc/49/31132.md?p=7) prescribed by the Secretary under [section 31136 of this title](/usc/49/31136.md), the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) may be enforced. - (3) **Less stringent regulations.—** If the Secretary decides a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) is less stringent than a [regulation](/usc/49/31132.md?p=7) prescribed by the Secretary under [section 31136 of this title](/usc/49/31136.md), the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) may not be enforced. - (4) **Additional or more stringent regulations.—** If the Secretary decides a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) is additional to or more stringent than a [regulation](/usc/49/31132.md?p=7) prescribed by the Secretary under [section 31136 of this title](/usc/49/31136.md), the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) may be enforced unless the Secretary also decides that— - (A) the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) has no safety benefit; - (B) the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) is incompatible with the [regulation](/usc/49/31132.md?p=7) prescribed by the Secretary; or - (C) enforcement of the [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) would cause an unreasonable burden on [interstate commerce](/usc/49/31132.md?p=4). - (5) **Consideration of effect on interstate commerce.—** In deciding under [paragraph (4)](#c-4) whether a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) will cause an unreasonable burden on [interstate commerce](/usc/49/31132.md?p=4), the Secretary may consider the effect on [interstate commerce](/usc/49/31132.md?p=4) of implementation of that law or [regulation](/usc/49/31132.md?p=7) with the implementation of all similar laws and [regulations](/usc/49/31132.md?p=7) of other [States](/usc/49/31101.md?p=4). - (d) **Waivers.—** - (1) A person (including a [State](/usc/49/31101.md?p=4)) may petition the Secretary for a waiver of a decision of the Secretary that a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) may not be enforced under this section. The Secretary shall grant the waiver, as expeditiously as possible, if the person demonstrates to the satisfaction of the Secretary that the waiver is consistent with the public interest and the safe operation of [commercial motor vehicles](/usc/49/31101.md?p=1). - (2) Before deciding whether to grant or deny a petition for a waiver under this subsection, the Secretary shall give the petitioner an opportunity for a hearing on the record. - (e) **Written Notice of Decisions.—** Not later than 10 days after making a decision under [subsection (c)](#c) of this section that a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) may not be enforced, the Secretary shall give written notice to the [State](/usc/49/31101.md?p=4) of that decision. - (f) **Judicial Review and Venue.—** - (1) Not later than 60 days after the Secretary makes a decision under [subsection (c)](#c) of this section, or grants or denies a petition for a waiver under [subsection (d)](#d) of this section, a person (including a [State](/usc/49/31101.md?p=4)) adversely affected by the decision, grant, or denial may file a petition for judicial review. The petition may be filed in the court of appeals of the [United States](/usc/49/31132.md?p=11) for the District of Columbia Circuit or in the court of appeals of the [United States](/usc/49/31132.md?p=11) for the circuit in which the person resides or has its principal place of business. - (2) The court has jurisdiction to review the decision, grant, or denial and to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5. - (3) A judgment of a court under this subsection may be reviewed only by the Supreme Court under [section 1254 of title 28](/usc/28/1254.md). - (4) The remedies provided for in this subsection are in addition to other remedies provided by law. - (g) **Initiating Review Proceedings.—** To review a [State law](/usc/49/31132.md?p=9) or [regulation](/usc/49/31132.md?p=7) on [commercial motor vehicle](/usc/49/31101.md?p=1) safety under this section, the Secretary may initiate a regulatory proceeding on the Secretary’s own initiative or on petition of an interested person (including a [State](/usc/49/31101.md?p=4)). ## Source credit (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1008; Pub. L. 105–178, title IV, § 4008(e), June 9, 1998, 112 Stat. 404.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised
Section | Source (U.S. Code) | Source (Statutes at Large) | | 31141(a) | 49 App.:2507(a). | Oct. 30, 1984, Pub. L. 98–554, § 208(a)–(g), (i), 98 Stat. 2836, 2838. | | 31141(b) | 49 App.:2507(b). | | | 31141(c) | 49 App.:2507(c). | | | 31141(d) | 49 App.:2507(d). | | | 31141(e) | 49 App.:2507(e). | | | 31141(f) | 49 App.:2507(f). | | | 31141(g) | 49 App.:2507(g). | | | 31141(h) | 49 App.:2507(h). | Oct. 30, 1984, Pub. L. 98–554, § 208(h), 98 Stat. 2838; Nov. 18, 1988, Pub. L. 100–690, § 9109, 102 Stat. 4530. | | | 49 App.:2507(i). | | In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”. The words “regulatory proceeding” are substituted for “rulemaking proceeding” for consistency in the revised title and because “rule” is synonymous with “regulation”. In subsection (a), the words “with respect to commercial motor vehicles” are omitted as surplus. In subsection (b)(1), the words “Not later than 18 months after October 30, 1984, and . . . thereafter” are omitted as obsolete. In subsection (g)(1), the words “court of appeals of the United States for the District of Columbia Circuit” are substituted for “United States court of appeals for the District of Columbia” to be more precise. In subsection (g)(2), the words “Upon the filing of a petition under paragraph (1) of this subsection” are omitted as surplus. Subsection (g)(3) is substituted for 49 App.:2507(g)(3) for consistency in this part and to eliminate unnecessary words. In subsection (h), the text of 49 App.:2507(h) and the words “After the last day of the 48-month period beginning on October 30, 1984” are omitted as obsolete. ### Editorial Notes ### Amendments 1998—Subsecs. (b), (c). Pub. L. 105–178, § 4008(e)(1), added subsecs. (b) and (c) and struck out headings and text of former subsecs. (b) and (c) which related to analysis and decisions by Commercial Motor Vehicle Safety Regulatory Review Panel and to review and decisions by Secretary, respectively. Subsecs. (e) to (h). Pub. L. 105–178, § 4008(e)(2), (3), redesignated subsecs. (f) to (h) as (e) to (g), respectively, and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary may consolidate regulatory proceedings under this section if the Secretary decides that the consolidation will not adversely affect a party to a proceeding.”