S.C. Code Regs. § § 38-382.109

Current through Register Vol. 48, 12, December 27, 2024

Section 38-382.109 - Preemption of State and local laws

(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.

S.C. Code Regs. § 38-382.109

Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.