§ 5903. — Prohibitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5903]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5903. Prohibitions
(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.
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\1\ So in original. Probably should not be capitalized.
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(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.
(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.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5903(a)............................... 49:508(a)(3) (related to
violations).
5903(b)............................... 49:508(d).
5903(c)............................... 49:508(c).
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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).
Section Referred to in Other Sections
This section is referred to in sections 5902, 5904, 5905 of this
title.
