§5904 — Title 49 Transportation | U.S. Code

Summary

States may fine the person who hands a loaded container or trailer to the first carrier, and may hold the container, if a tractor‑trailer carrying it breaks a State highway weight law because that person gave false information on a certification required by section 5902(b) and forbidden by section 5903(a). This chapter does not require the person handing over the load to make carriers follow State weight laws except where the chapter itself says so.

Title 49, §5904

Transportation — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5904(a)49:508(f). 5904(b)49:508(h). 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.

§5904 State Enforcement

Summary

Title 49, §5904

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Citations & Metadata