§5903 — Title 49 Transportation | U.S. Code

Summary

If you must follow section 5902(b), you must not lie on the weight certificate when you give a loaded intermodal container or trailer to a carrier. If a carrier does not get that certification before or when the container or trailer is handed to them, the carrier can assume the cargo weight is less than 29,001 pounds. A paper copy of the certification does not have to travel with the container or trailer. No one may force someone to move a loaded container or trailer that actually weighs more than 29,000 pounds before the required certification is given. Also, nobody who knows the load will break a State weight limit may force a carrier to move it or to operate in violation of that State law. If a carrier knows the certified gross cargo weight will cause a State weight-law violation, the carrier must tell the driver of a leased vehicle the certified weight before giving them the load. That notice must be written (it can be sent electronically), and the carrier must be able to prove it gave the notice. If the driver is fined and the carrier cannot prove it gave the notice, the carrier must repay the driver for the fine and court costs.

Title 49, §5903

Transportation — Source: USLM XML via OLRC

(a)A person, To 11 So in original. Probably should not be capitalized. 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)(1)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)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)(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)(1)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

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

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–291, § 205(1), inserted “, To whom section 5902(b) applies,” after “person”. Subsec. (b). Pub. L. 104–291, § 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, § 205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”. Subsec. (d). Pub. L. 104–291, § 205(4), added subsec. (d).

§5903 Prohibitions