PRIA, Government Policy, Made Personal

Summary

If someone moving a loaded container or trailer must post a bond or pay a fine, penalty, cost (including storage), or interest because of a certification problem, that person gets a lien on the cargo for the amount paid until they are repaid. The lien covers payment caused by wrong information from the certifying party to the first carrier (in violation of section 5903(a)), failure to give the required certification to the first carrier, failure to forward the certification as required under section 5902(c), or errors when copying certification information to another document under section 5902(b)(3) or (c). The lien does not let the lienholder sell or dispose of the contents. The person who handed the container to the first carrier, or the owner or beneficial owner of the contents, must be given a fair chance to show who is responsible. The lien lasts until the lienholder is paid in full. For this rule, the owner, beneficial owner, or the person who tendered the container is not treated as a “person involved in the intermodal transportation.”

Title 49, §5905

Transportation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5905(a)49:508(g)(1). 5905(b)49:508(g)(2)(A), (B). 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.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–291, § 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, § 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, § 206(2), inserted “, or the owner or beneficial owner of the contents,” after “first carrier”.

§5905 Liens