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United States Department of Transportation United States Department of Transportation

Preemption Determinations

Sections 5125(a) and (b) of 49 U.S.C. provide that, in the absence of a waiver of preemption by the Department or specific authority in another Federal law, a requirement of a State, political subdivision of a State, or Indian tribe can be preempted.

Subject Index of Preemption Determinations

Preemption Determination Status Chart

Preemption Determinations Under 49 U.S.C. § 5125

Preemption Determinations
Preemption Determination NumberDescriptionDate


Massachusetts, Maryland, & Pennsylvania hazardous waste vehicle bonding requirementsSeptember 4, 2012


Illinois EPA Hazardous Waste ManifestSeptember 4, 2012


Washington RAM highway routing restrictionsSeptember 4, 2012


California statute and regulations re flammable and combustible liquids transportationSeptember 4, 2012


Massachusetts requirement for back-up alarm on tank trucks carrying flammable liquidsSeptember 4, 2012


Michigan statute and regulations re marking of motor vehicles carrying hazardous and liquid industrial wastesSeptember 4, 2012


Maryland regulations re hazardous materials drivers' training and certification requirementsJune 3, 1994

Four Pack PD-8, 9, 10, 11(R)

California & Los Angeles County requirements applicable to on-site storage and transportation of hazardous materialsFebruary 28, 2017


New York regulations re transfer and interim storage of hazardous wasteSeptember 4, 2012


Nassau County, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspections.September 4, 2012


City of Houston, TX, Fire Code re tank truck requirements, inspections, fees and definition of hazardous materialSeptember 4, 2012


Public Utilities Commission of Ohio requirement for transportation of PG III hypochlorite solution in DOT-spec cargo tank.September 4, 2012


Broward County, FL hazardous materials transportation requirements pertaining to the definition of hazardous material, release reporting, standards for packaging, fees, monthly reporting and vehicle inspection.September 4, 2012


New York regulations on test reports and marking of gasoline transport vehiclesSeptember 4, 2012


Cleveland, Ohio permit and other requirements for transportation of explosives and other hazardous materials within the CitySeptember 4, 2012


Tennessee annual remedial action fee and written incident reporting requirements.September 4, 2012


New Mexico statutory and regulatory provisions applicable to transporters of liquefied petroleum gas.September 4, 2012


Morrisville, PA requirements for transporting "dangerous waste," including routing restrictions and manifest requirement.September 4, 2012


New Jersey prohibition against transporting blasting caps on the same motor vehicle with more than 5,000 lbs. of other commercial explosives.September 4, 2012


Missouri prohibition of recontainerization of hazardous waste at transfer facilitySeptember 4, 2012


Massachusetts definition (designations) of hazardous materialsSeptember 4, 2012


Louisiana requirements for hazardous materials incident notificationSeptember 4, 2012


Town of Smithtown, NY requirements for permits and certificates of fitness for delivery of LPG, including fees and inspectionsSeptember 4, 2012


Massachusetts regulations on storage and disposal of infectious or physically dangerous medical or biological waste.September 4, 2012


Houston, Texas Fire Code requirements on in-transit storage at airportSeptember 4, 2012


District of Columbia requirements for highway routing of certain hazardous materialsSeptember 4, 2012


Maine Department of Environmental Protection requirements on transportation of cathode ray tubesSeptember 4, 2012


City of Boston requirements for highway routing of certain hazardous materialsSeptember 4, 2012


Common law tort claims concerning design and marking of DOT Specification 39 compressed gas cylinders.September 4, 2012


New Jersey regulations on transportation of regulated medical wasteMay 15, 2014


Pittsburgh, Pennsylvania permit requirements for transportation of hazardous material.Dec 31, 2017


New York City permit requirements for transportation of certain hazardous materialsDec 31, 2017

DOT Preemption Determination Applications Dismissed or Withdrawn

DOT Preemption Determination Applications Dismissed or Withdrawn


City of Chester, WV hazardous waste  transportation requirementsFeb 28, 2017


City of El Paso, TX Municipal Code provisions requiring hazmat tank truck permits based on inspections held during limited time periods.Feb 28, 2017

Pending DOT Preemption Determination Applications

Pending DOT Preemption Determination Applications


California Meal and Rest Break requirements.Dec 31, 2017


Oregon Hazardous Waste Management regulation.Dec 31, 2017
Last updated: Wednesday, January 24, 2018