49 USC § 45106 - Relationship to other laws, regulations, standards, and orders
(a)
Effect on State and Local Government Laws, Regulations, Standards, or Orders.—
A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(b)
International Obligations and Foreign Laws.—
(1)
In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—
(2)
The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
(c)
Other Regulations Allowed.—
This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
(a)
Effect on State and Local Government Laws, Regulations, Standards, or Orders.—
A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(b)
International Obligations and Foreign Laws.—
(1)
In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—
(2)
The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
(c)
Other Regulations Allowed.—
This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
Source
(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, § 139(3),Nov. 19, 2001, 115 Stat. 640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45106(a) | ||
| 49 App.:1434(e)(1). | ||
| Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(e); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 956. | ||
| 45106(b) | ||
| 49 App.:1434(e)(3). | ||
| 45106(c) | ||
| 49 App.:1434(e)(2). |
In subsection (a), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the United States Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “actual” and “whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public” are omitted as surplus.
In subsection (c) the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
Amendments
2001—Subsec. (c). Pub. L. 107–71substituted “screening employees” for “screening contract employees”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 49 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
