§ 5905. — Liens.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5905]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5905. Liens
(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.
(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.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5905(a)............................... 49:508(g)(1).
5905(b)............................... 49:508(g)(2)(A), (B).
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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''.
Section Referred to in Other Sections
This section is referred to in sections 5902, 5906 of this title.
