Maryland Certification Requirements for Transporters of Oil or Controlled Hazardous Substances

概要

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.