49 U.S.C. § 20106
Preemption
United States · Title 49 — TRANSPORTATION · Status: effective
Cite this
- Citation
- 49 U.S.C. § 20106, Preemption, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/490344
- Permanent ID
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Full text
A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order—
Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.House: no recorded tallySenate: no recorded tally
- Homeland Security Act of 2002
- Implementing Recommendations of the 9/11 Commission Act of 2007