§ 5904. — State enforcement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5904]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5904. State enforcement
(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.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 861.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5904(a)............................... 49:508(f).
5904(b)............................... 49:508(h).
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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.
