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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Maryland Certification Requirements for Transporters of Oil or Controlled Hazardous Substances

Notice of Administrative determination of Preemption by RSPA's Associate Administrator for Hazardous Materials Safety.

Maryland regulations requiring certification of operators of motor vehicles loading or unloading oil or ``controlled hazardous substances'' in Maryland are preempted by 49 App. U.S.C. 1811(a)(2) as they apply to operators of vehicles transporting hazardous materials not domiciled in Maryland. These requirements are stricter than operator training requirements promulgated under the HMTA, and therefore are obstacles to accomplishing the full purposes and objectives of the HMTA. As applied to operators domiciled in Maryland, the requirements are not preempted.

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