New Mexico Preempts Federal Hazmat Law for Some LP Gas Regulations

Summary

The New Mexico Department of Transportation has determined that federal hazmat law preempts the state's cargo tank inspection requirement for vehicles based outside the state, as it causes unnecessary delay in transporting hazardous materials. The state's employee examination and identification card requirements for non-domiciled LP gas carrier personnel are also preempted by federal law, but not for those based in the state.