South Carolina Code of Regulations
Chapter 38 - DEPARTMENT OF PUBLIC SAFETY
Article 5 - STATE TRANSPORT POLICE REGULATIONS
Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS
Part 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
Subpart A - GENERAL
Section 38-382.109 - Preemption of State and local laws
Universal Citation: SC Code Regs 38-382.109
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Except as provided in paragraph (b), 38-382 preempts any State or local law, rule, regulation, or order to the extent that:
(1) Compliance with both the
State or local requirement is not possible; or
(2) Compliance with the State or local
requirement is an obstacle to the accomplishment and execution of any
requirement.
(b) 38-382 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.
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