14 CFR § 120.205 - Preemption of State and local laws.

---
identifier: "/us/cfr/t14/s120.205"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 120.205 - Preemption of State and local laws."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "120.205"
section_name: "Preemption of State and local laws."
chapter_name: "FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "G"
subchapter_name: "AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS"
part_number: "120"
part_name: "DRUG AND ALCOHOL TESTING PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 106(f), 40101-40103, 40113, 40120, 41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 46105, 46306."
regulatory_source: "Docket FAA-2008-0937, 74 FR 22653, May 14, 2009, unless otherwise noted."
cfr_part: "120"
---


# 120.205 Preemption of State and local laws.

(a) Except as provided in paragraph (a)(2) of this section, these regulations preempt any State or local law, rule, regulation, or order to the extent that:

(1) Compliance with both the State or local requirement and this subpart is not possible; or

(2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this subpart.

(b) The alcohol testing requirements of this title 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 or employers or to the general public.