US (United States) Code. Title 49. Subtitle III: General and intermodal programs. Chapter 59

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation. Intermodal safe container

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publicidad

-CITE-

49 USC CHAPTER 59 - INTERMODAL SAFE CONTAINER

TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-MISC1-

Sec.

5901. Definitions.

5902. Notifications and certifications.

5903. Prohibitions.

5904. State enforcement.

5905. Liens.

5906. Perishable agricultural commodities.

5907. Effective date.

5908. Relationship to other laws.

AMENDMENTS

1996 - Pub. L. 104-291, title II, Secs. 208(b), 209(b), Oct. 11,

1996, 110 Stat. 3457, 3458, substituted "Effective date" for

"Regulations and effective date" in item 5907 and added item 5908.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 113 of this title.

-End-

-CITE-

49 USC Sec. 5901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5901. Definitions

-STATUTE-

In this chapter -

(1) except as otherwise provided in this chapter, the

definitions in sections 10102 and 13102 of this title apply.

(2) "beneficial owner" means a person not having title to

property but having ownership rights in the property, including a

trustee of property in transit from an overseas place of origin

that is domiciled or doing business in the United States, except

that a carrier, agent of a carrier, broker, customs broker,

freight forwarder, warehouser, or terminal operator is not a

beneficial owner only because of providing or arranging for any

part of the intermodal transportation of property.

(3) "carrier" means -

(A) a motor carrier, water carrier, and rail carrier

providing transportation of property in commerce; and

(B) an ocean common carrier (as defined in section 3 of the

Shipping Act of 1984 (46 App. U.S.C. 1702)) providing

transportation of property in commerce.

(4) "container" has the meaning given the term "freight

container" by the International Standards Organization in Series

1, Freight Containers, 3d Edition (reference number

ISO668-1979(E)), including successive revisions, and similar

containers that are used in providing transportation in

interstate commerce.

(5) "first carrier" means the first carrier transporting a

loaded container or trailer in intermodal transportation.

(6) "gross cargo weight" means the weight of the cargo,

packaging materials (including ice), pallets, and dunnage.

(7) "intermodal transportation" means the successive

transportation of a loaded container or trailer from its place of

origin to its place of destination by more than one mode of

transportation in interstate or foreign commerce, whether under a

single bill of lading or under separate bills of lading.

(8) "trailer" means a nonpower, property-carrying, trailing

unit that is designed for use in combination with a truck

tractor.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859; Pub. L.

104-291, title II, Sec. 203, Oct. 11, 1996, 110 Stat. 3453.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5901(1) 49:501(a)(1).

5901(2) 49:501(a)(4).

5901(3) 49:501(a)(5).

5901(4) 49:501(a)(6).

5901(5) 49:501(a)(7).

5901(6) 49:501(a)(8).

5901(7) 49:501(a)(9).

--------------------------------------------------------------------

This chapter restates 49:508 and the relevant definitions in

49:501 because the subject matter more appropriately belongs in

subtitle III of title 49. The text of 49:501(a)(1) is restated to

incorporate the definitions in 49:10102. The terms defined in

49:501(a)(2) and (3) are not used in this chapter.

In clause (2), the word "including" is substituted for "For

purposes of this paragraph . . . shall be treated as a beneficial

owner of such property" for consistency and to eliminate

unnecessary words. The words "is not a beneficial owner only

because of providing or arranging for any part of the intermodal

transportation of property" are substituted for "providing or

arranging for any portion of intermodal transportation of property

shall in no case be a beneficial owner of such property, for

purposes of this paragraph, solely by reason of providing or

arranging for such transportation" to eliminate unnecessary words.

In clause (3)(A), the words "(as such terms are defined in

section 10102 of this title)" are omitted as unnecessary because of

clause (1) of this section.

In clause (7), the words "property-carrying" are substituted for

"cargo carrying" for consistency in the revised title.

AMENDMENTS

1996 - Par. (1). Pub. L. 104-291, Sec. 203(1), added par. (1) and

struck out former par. (1) which read as follows: "the definitions

in section 10102 of this title apply."

Pars. (6) to (8). Pub. L. 104-291, Sec. 203(2), (3), added par.

(6) and redesignated former pars. (6) and (7) as (7) and (8),

respectively.

-End-

-CITE-

49 USC Sec. 5902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5902. Notifications and certifications

-STATUTE-

(a) Prior Notification. - If the first carrier to which any

loaded container or trailer having a projected gross cargo weight

of more than 29,000 pounds is tendered for intermodal

transportation is a motor carrier, the person tendering the

container or trailer shall give the motor carrier a notification of

the gross cargo weight and a reasonable description of the contents

of the container or trailer before the tendering of the container

or trailer. The notification may be transmitted electronically or

by telephone. This subsection applies to any person within the

United States who tenders a container or trailer subject to this

chapter for intermodal transportation if the first carrier is a

motor carrier.

(b) Certification. -

(1) In general. - A person who tenders a loaded container or

trailer with an actual gross cargo weight of more than 29,000

pounds to a first carrier for intermodal transportation shall

provide a certification of the contents of the container or

trailer in writing, or electronically, before or when the

container or trailer is so tendered.

(2) Contents of certification. - The certification required by

paragraph (1) shall include -

(A) the actual gross cargo weight;

(B) a reasonable description of the contents of the container

or trailer;

(C) the identity of the certifying party;

(D) the container or trailer number; and

(E) the date of certification or transfer of data to another

document, as provided for in paragraph (3).

(3) Transfer of certification data. - A carrier who receives a

certification may transfer the information contained in the

certification to another document or to electronic format for

forwarding to a subsequent carrier. The person transferring the

information shall state on the forwarded document the date on

which the data was transferred and the identity of the party who

performed the transfer.

(4) Shipping documents. - For purposes of this chapter, a

shipping document, prepared by the person who tenders a container

or trailer to a first carrier, that contains the information

required by paragraph (2) meets the requirements of paragraph

(1).

(5) Use of "freight all kinds" term. - The term "Freight All

Kinds" or "FAK" may not be used for the purpose of certification

under section 5902(b) after December 31, 2000, as a commodity

description for a trailer or container if the weight of any

commodity in the trailer or container equals or exceeds 20

percent of the total weight of the contents of the trailer or

container. This subsection does not prohibit the use of the term

after that date for rating purposes.

(6) Separate document marking. - If a separate document is used

to meet the requirements of paragraph (1), it shall be

conspicuously marked "INTERMODAL CERTIFICATION".

(7) Applicability. - This subsection applies to any person,

domestic or foreign, who first tenders a container or trailer

subject to this chapter for intermodal transportation within the

United States.

(c) Forwarding Certifications to Subsequent Carriers. - A

carrier, agent of a carrier, broker, customs broker, freight

forwarder, warehouser, or terminal operator shall forward the

certification provided under subsection (b) of this section to a

subsequent carrier transporting the container or trailer in

intermodal transportation before or when the loaded intermodal

container or trailer is tendered to the subsequent carrier. If no

certification is received by the subsequent carrier before or when

the container or trailer is tendered to it, the subsequent carrier

may presume that no certification is required. The act of

forwarding the certification may not be construed as a verification

or affirmation of the accuracy or completeness of the information

in the certification. If a person inaccurately transfers the

information on the certification, or fails to forward the

certification to a subsequent carrier, then that person is liable

to any person who incurs any bond, fine, penalty, cost (including

storage), or interest for any such fine, penalty, cost (including

storage), or interest incurred as a result of the inaccurate

transfer of information or failure to forward the certification. A

subsequent carrier who incurs a bond, fine, penalty, or cost

(including storage), or interest as a result of the inaccurate

transfer of the information, or the failure to forward the

certification, shall have a lien against the contents of the

container or trailer under section 5905 in the amount of the bond,

fine, penalty, or cost (including storage), or interest and all

court costs and legal fees incurred by the carrier as a result of

such inaccurate transfer or failure.

(d) Liability to Owner or Beneficial Owner. - If -

(1) a person inaccurately transfers information on a

certification required by subsection (b)(1), or fails to forward

a certification to the subsequent carrier;

(2) as a result of the inaccurate transfer of such information

or a failure to forward a certification, the subsequent carrier

incurs a bond, fine, penalty, or cost (including storage), or

interest; and

(3) that subsequent carrier exercises its rights to a lien

under section 5905,

then that person is liable to the owner or beneficial owner, or to

any other person paying the amount of the lien to the subsequent

carrier, for the amount of the lien and all costs related to the

imposition of the lien, including court costs and legal fees

incurred in connection with it.

(e) Nonapplication. - (1) The notification and certification

requirements of subsections (a) and (b) of this section do not

apply to any intermodal container or trailer containing

consolidated shipments loaded by a motor carrier if that motor

carrier -

(A) performs the highway portion of the intermodal movement; or

(B) assumes the responsibility for any weight-related fine or

penalty incurred by any other motor carrier that performs a part

of the highway transportation.

(2) Subsections (a) and (b) of this section and section 5903(c)

of this title do not apply to a carrier when the carrier is

transferring a loaded container or trailer to another carrier

during intermodal transportation, unless the carrier is also the

person tendering the loaded container or trailer to the first

carrier.

(3) A carrier, agent of a carrier, broker, customs broker,

freight forwarder, warehouser, or terminal operator is deemed not

to be a person tendering a loaded container or trailer to a first

carrier under this section, unless the carrier, agent, broker,

customs broker, freight forwarder, warehouser, or terminal operator

assumes legal responsibility for loading property into the

container or trailer.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 860; Pub. L.

104-291, title II, Sec. 204, Oct. 11, 1996, 110 Stat. 3453.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5902(a) 49:508(a)(1).

5902(b) 49:508(a)(2).

5902(c) 49:508(b).

5902(d)(1) 49:508(e).

5902(d)(2) 49:508(a)(4).

--------------------------------------------------------------------

In subsection (c), the words "shall forward" are substituted for

"It shall be a violation of this section for . . . to fail to

forward" for clarity. The words "may not be construed as" are

substituted for "shall not constitute, or in any way be construed

as" to eliminate unnecessary words.

In subsection (d)(2), the words "is deemed not to be" are

substituted for "shall not be considered to be" for consistency in

the revised title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-291, Sec. 204(a)(4), (5),

substituted "electronically or by telephone. This subsection

applies to any person within the United States who tenders a

container or trailer subject to this chapter for intermodal

transportation if the first carrier is a motor carrier." for

"electronically."

Pub. L. 104-291, Sec. 204(a)(3), inserted "before the tendering

of the container or trailer" after "contents of the container or

trailer".

Pub. L. 104-291, Sec. 204(a)(2), substituted "29,000 pounds is

tendered for intermodal transportation is a motor carrier, the

person tendering the container or trailer shall give the motor

carrier a" for "10,000 pounds (including packing material and

pallets), the person shall give the carrier a written".

Pub. L. 104-291, Sec. 204(a)(1), substituted "If the first

carrier to which any" for "Before a person tenders to a first

carrier for intermodal transportation a".

Subsec. (b). Pub. L. 104-291, Sec. 204(b), reenacted heading

without change and amended text generally. Prior to amendment, text

read as follows: "Not later than when a person tenders to a first

carrier for intermodal transportation a container or trailer to

which subsection (a) of this section applies or a loaded container

or trailer having an actual gross cargo weight of more than 10,000

pounds (including packing material and pallets), the person shall

certify to the carrier in writing the actual gross cargo weight and

a reasonable description of the contents of the container or

trailer."

Subsec. (c). Pub. L. 104-291, Sec. 204(c)(2), inserted at end "If

a person inaccurately transfers the information on the

certification, or fails to forward the certification to a

subsequent carrier, then that person is liable to any person who

incurs any bond, fine, penalty, cost (including storage), or

interest for any such fine, penalty, cost (including storage), or

interest incurred as a result of the inaccurate transfer of

information or failure to forward the certification. A subsequent

carrier who incurs a bond, fine, penalty, or cost (including

storage), or interest as a result of the inaccurate transfer of the

information, or the failure to forward the certification, shall

have a lien against the contents of the container or trailer under

section 5905 in the amount of the bond, fine, penalty, or cost

(including storage), or interest and all court costs and legal fees

incurred by the carrier as a result of such inaccurate transfer or

failure."

Pub. L. 104-291, Sec. 204(c)(1), substituted "transportation

before or when the loaded intermodal container or trailer is

tendered to the subsequent carrier. If no certification is received

by the subsequent carrier before or when the container or trailer

is tendered to it, the subsequent carrier may presume that no

certification is required." for "transportation."

Subsec. (d). Pub. L. 104-291, Sec. 204(d), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 104-291, Sec. 204(d), (e), redesignated

subsec. (d) as (e), added par. (1), redesignated former pars. (1)

and (2) as (2) and (3), respectively, and adjusted margin of par.

(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5903, 5904, 5905 of this

title.

-End-

-CITE-

49 USC Sec. 5903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5903. Prohibitions

-STATUTE-

(a) Providing Erroneous Information. - A person, To (!1) whom

section 5902(b) applies, tendering a loaded container or trailer

may not provide erroneous information in a certification required

by section 5902(b) of this title.

(b) Transporting Prior to Receiving Certification. -

(1) Presumption. - If no certification is received by a motor

carrier before or when a loaded intermodal container or trailer

is tendered to it, the motor carrier may presume that the gross

cargo weight of the container or trailer is less than 29,001

pounds.

(2) Copy of certification not required to accompany container

or trailer. - Notwithstanding any other provision of this chapter

to the contrary, a copy of the certification required by section

5902(b) is not required to accompany the intermodal container or

trailer.

(c) Unlawful Coercion. - (1) A person may not coerce or attempt

to coerce a person participating in intermodal transportation to

transport a loaded container or trailer having an actual gross

cargo weight of more than 29,000 pounds before the certification

required by section 5902(b) of this title is provided.

(2) A person, knowing that the weight of a loaded container or

trailer or the weight of a tractor-trailer combination carrying the

container or trailer is more than the weight allowed by applicable

State law, may not coerce or attempt to coerce a carrier to

transport the container or trailer or to operate the

tractor-trailer combination in violation of that State law.

(d) Notice to Leased Operators. -

(1) In general. - If a motor carrier knows that the gross cargo

weight of an intermodal container or trailer subject to the

certification requirements of section 5902(b) would result in a

violation of applicable State gross vehicle weight laws, then -

(A) the motor carrier shall give notice to the operator of a

vehicle which is leased by the vehicle operator to a motor

carrier that transports an intermodal container or trailer of

the gross cargo weight of the container or trailer as certified

to the motor carrier under section 5902(b);

(B) the notice shall be provided to the operator prior to the

operator being tendered the container or trailer;

(C) the notice required by this subsection shall be in

writing, but may be transmitted electronically; and

(D) the motor carrier shall bear the burden of proof to

establish that it tendered the required notice to the operator.

(2) Reimbursement. - If the operator of a leased vehicle

transporting a container or trailer subject to this chapter is

fined because of a violation of a State's gross vehicle weight

laws or regulations and the lessee motor carrier cannot establish

that it tendered to the operator the notice required by paragraph

(1) of this subsection, then the operator shall be entitled to

reimbursement from the motor carrier in the amount of any fine

and court costs resulting from the failure of the motor carrier

to tender the notice to the operator.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 860; Pub. L.

104-291, title II, Sec. 205, Oct. 11, 1996, 110 Stat. 3456.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5903(a) 49:508(a)(3)

(related to

violations).

5903(b) 49:508(d).

5903(c) 49:508(c).

--------------------------------------------------------------------

In this section, the words "may not" are substituted for "it

shall be a violation" and "It shall be unlawful" for consistency in

the revised title.

In subsection (a), the words "After the date on which the

Secretary of Transportation issues final regulations to enforce

this section" are omitted because of section 5907(b) of the revised

title. The words "to fail to comply with paragraph (1) or (2)" are

omitted as unnecessary because the failure to comply with an

affirmative duty is a violation without the need to say so

specifically. The word "false" is omitted as included in

"erroneous". The word "written" is omitted as surplus.

In subsection (b), the words "(as such term is defined in section

10102 of this title)" are omitted as unnecessary because of section

5901(1) of the revised title. The word "transport" is substituted

for "provide transportation of" for consistency and to eliminate

unnecessary words.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-291, Sec. 205(1), inserted ", To

whom section 5902(b) applies," after "person".

Subsec. (b). Pub. L. 104-291, Sec. 205(2), added subsec. (b) and

struck out former subsec. (b) which read as follows:

"(b) Transporting Prior To Receiving Certification. - A motor

carrier may not transport a loaded container or trailer to which

section 5902(b) of this title applies before receiving the

certification required by section 5902(b)."

Subsec. (c). Pub. L. 104-291, Sec. 205(3), substituted "29,000

pounds" for "10,000 pounds (including packing materials and

pallets)".

Subsec. (d). Pub. L. 104-291, Sec. 205(4), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5902, 5904, 5905 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

49 USC Sec. 5904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5904. State enforcement

-STATUTE-

(a) General. - A State may enact a law to permit the State or a

political subdivision of the State -

(1) to impose a fine or penalty, for a violation of a State

highway weight law or regulation by a tractor-trailer combination

carrying a loaded container or trailer for which a certification

is required by section 5902(b) of this title, against the person

tendering the loaded container or trailer to the first carrier if

the violation results from the person's having provided erroneous

information in the certification in violation of section 5903(a)

of this title; and

(2) to impound the container or trailer until the fine or

penalty has been paid by the owner or beneficial owner of the

contents of the container or trailer or the person tendering the

loaded container or trailer to the first carrier.

(b) Limitation. - This chapter does not require a person

tendering a loaded container or trailer to a first carrier to

ensure that the first carrier or any other carrier involved in the

intermodal transportation will comply with any State highway weight

law or regulation, other than as required by this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 861.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5904(a) 49:508(f).

5904(b) 49:508(h).

--------------------------------------------------------------------

In subsection (a)(1), the words "false" and "written" are omitted

as surplus and for consistency with section 5903(a) of the revised

title.

In subsection (b), the words "does not require" are substituted

for "shall not be construed as creating any obligation or

responsibility for" to eliminate unnecessary words. The words

"State highway weight law or regulation" are substituted for "State

statutes or regulations prescribing weight limitations for highway

transportation" for consistency with subsection (a) of this section

and to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 5905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5905. Liens

-STATUTE-

(a) General. - If a person involved in the intermodal

transportation of a loaded container or trailer for which a

certification is required by section 5902(b) of this title is

required, because of a violation of a State's gross vehicle weight

laws or regulations, to post a bond or pay a fine, penalty, cost

(including storage), or interest resulting from -

(1) erroneous information provided by the certifying party in

the certification to the first carrier in violation of section

5903(a) of this title;

(2) the failure of the party required to provide the

certification to the first carrier to provide it;

(3) the failure of a person required under section 5902(c) to

forward the certification to forward it; or

(4) an error occurring in the transfer of information on the

certification to another document under section 5902(b)(3) or

(c),

then the person posting the bond, or paying the fine, penalty,

costs (including storage), or interest has a lien against the

contents equal to the amount of the bond, fine, penalty, cost

(including storage), or interest incurred, until the person

receives a payment of that amount from the owner or beneficial

owner of the contents, or from the person responsible for making or

forwarding the certification, or transferring the information from

the certification to another document.

(b) Limitations. - (1) A lien under this section does not

authorize a person to dispose of the contents of a loaded container

or trailer until the person who tendered the container or trailer

to the first carrier, or the owner or beneficial owner of the

contents, is given a reasonable opportunity to establish

responsibility for the bond, fine, penalty, cost (including

storage), or interest. The lien shall remain in effect until the

lien holder has received payment for all costs and expenses

described in subsection (a) of this section.

(2) In this section, an owner or beneficial owner of the contents

of a container or trailer or a person tendering a container or

trailer to the first carrier is deemed not to be a person involved

in the intermodal transportation of the container or trailer.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 861; Pub. L.

104-291, title II, Sec. 206, Oct. 11, 1996, 110 Stat. 3457.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5905(a) 49:508(g)(1).

5905(b) 49:508(g)(2)(A),

(B).

--------------------------------------------------------------------

In this section, the word "expenses" is omitted as surplus.

In subsection (a), the words "false" and "written" are omitted as

surplus and for consistency with section 5903(a) of the revised

title.

In subsection (b)(1), the word "establish" is substituted for

"determine" for consistency in the revised title.

In subsection (b)(2), the words "is deemed not to be" are

substituted for "shall not be treated as" for consistency in the

revised title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-291, Sec. 206(1), added subsec.

(a) and struck out former subsec. (a) which read as follows:

"(a) General. - If a person involved in the intermodal

transportation of a loaded container or trailer for which a

certification is required by section 5902(b) of this title is

required under State law to post a bond or pay any fine, penalty,

cost, or interest resulting from providing erroneous information in

the certification to the first carrier in violation of section

5903(a) of this title, the person has a lien against the contents

equal to the amount of the bond, fine, penalty, cost, or interest

incurred, until the person receives a payment of that amount from

the owner or beneficial owner of the contents or from the person

responsible for making the certification."

Subsec. (b)(1). Pub. L. 104-291, Sec. 206(3), substituted "cost

(including storage), or interest. The lien shall remain in effect

until the lien holder has received payment for all costs and

expenses described in subsection (a) of this section." for "cost,

or interest."

Pub. L. 104-291, Sec. 206(2), inserted ", or the owner or

beneficial owner of the contents," after "first carrier".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5902, 5906 of this title.

-End-

-CITE-

49 USC Sec. 5906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5906. Perishable agricultural commodities

-STATUTE-

Section 5905 of this title does not apply to a container or

trailer the contents of which are perishable agricultural

commodities (as defined in the Perishable Agricultural Commodities

Act, 1930 (7 U.S.C. 499a et seq.)).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 861; Pub. L.

104-291, title II, Sec. 207, Oct. 11, 1996, 110 Stat. 3457.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

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5906 49:508(g)(2)(C).

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-REFTEXT-

REFERENCES IN TEXT

The Perishable Agricultural Commodities Act, 1930, referred to in

text, is act June 10, 1930, ch. 436, 46 Stat. 531, as amended,

which is classified generally to chapter 20A (Sec. 499a et seq.) of

Title 7, Agriculture. For complete classification of this Act to

the Code, see section 499a(a) of Title 7 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-291 substituted "Section 5905 of this title

does" for "Sections 5904(a)(2) and 5905 of this title do".

-End-

-CITE-

49 USC Sec. 5907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5907. Effective date

-STATUTE-

This chapter shall take effect 180 days after the date of

enactment of the Intermodal Safe Container Transportation

Amendments Act of 1996.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 862; Pub. L.

104-291, title II, Sec. 208(a), Oct. 11, 1996, 110 Stat. 3457.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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5907(a) 49:508 (note). Oct. 28, 1992, Pub. L.

102-548, Sec. 2(d), 106

Stat. 3649.

5907(b) 49:508(a)(3)

(related to

effective date).

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In subsection (a), the words "shall initiate a proceeding to

issue regulations . . . within 180 days after the date of enactment

of this Act" are omitted as executed.

Subsection (b) is substituted for the source provision and made

applicable to the entire chapter for clarity.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Intermodal Safe Container

Transportation Amendments Act of 1996, referred to in text, is the

date of enactment of Pub. L. 104-291, which was approved Oct. 11,

1996.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-291 substituted "Effective date" for

"Regulations and effective date" in section catchline and amended

text generally. Prior to amendment, text read as follows:

"(a) Regulations. - Not later than July 25, 1993, the Secretary

of Transportation shall prescribe final regulations to enforce this

chapter. The Secretary may establish by regulation exemptions to

the regulations that are in the public interest and consistent with

the purposes of this chapter.

"(b) Effective Date. - This chapter is effective on the date

final regulations to enforce this chapter are prescribed."

-End-

-CITE-

49 USC Sec. 5908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION

-HEAD-

Sec. 5908. Relationship to other laws

-STATUTE-

Nothing in this chapter affects -

(1) chapter 51 (relating to transportation of hazardous

material) or the regulations promulgated under that chapter; or

(2) any State highway weight or size law or regulation

applicable to tractor-trailer combinations.

-SOURCE-

(Added Pub. L. 104-291, title II, Sec. 209(a), Oct. 11, 1996, 110

Stat. 3458.)

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