§ 5902. — Notifications and certifications.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5902]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5902. Notifications and certifications
(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.
(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.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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).
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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).
Section Referred to in Other Sections
This section is referred to in sections 5903, 5904, 5905 of this
title.
