§ 5901. Definitions

Statutory text

In this chapter—

except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.

“beneficial owner” means a person not having title to property but having ownership rights in the property, including a trustee of property in transit from an overseas place of origin that is domiciled or doing business in the United States, except that a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property.

“carrier” means—

a motor carrier, water carrier, and rail carrier providing transportation of property in commerce; and

an ocean common carrier (as defined in section 40102 of title 46) providing transportation of property in commerce.

“container” has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3d Edition (reference number ISO668–1979(E)), including successive revisions, and similar containers that are used in providing transportation in interstate commerce.

“first carrier” means the first carrier transporting a loaded container or trailer in intermodal transportation.

“gross cargo weight” means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.

“intermodal transportation” means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or under separate bills of lading.

“trailer” means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5901
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 859
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 859
Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1996
Intermodal Safe Container Transportation Amendments Act of 1996
Pub. L. 104–291 § 203(1) · 110 Stat. 3452
1. Added · 49 U.S.C. § 5901(1)
  Pub. L. 104–291, § 203(1), added par. (1)
2. Struck · 49 U.S.C. § 5901(1)
  Pub. L. 104–291, § 203(1), struck out former par. (1) which read as follows: “the definitions in section 10102 of this title apply.”
Source evidence
Code amendment note
Par. (1). Pub. L. 104–291, § 203(1), added par. (1) and struck out former par. (1) which read as follows: “the definitions in section 10102 of this title apply.”
Enacted provision · exact public law section
(1) by striking paragraph (1) and inserting the following: “(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.”;
1996
Intermodal Safe Container Transportation Amendments Act of 1996
Pub. L. 104–291 § 203(2) · 110 Stat. 3452
1. Added · 49 U.S.C. § 5901(6)(8)
  Pub. L. 104–291, § 203(2), (3), added par. (6)
2. Redesignated · 49 U.S.C. § 5901(6)(8)
  Pub. L. 104–291, § 203(2), (3), redesignated former pars. (6) and (7) as (7) and (8), respectively
Source evidence
Code amendment note
Pars. (6) to (8). Pub. L. 104–291, § 203(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
Enacted provision · exact public law section
(2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
2006
Pub. L. 109–304 § 17(h)(2) · 120 Stat. 1485
Substituted · 49 U.S.C. § 5901(3)(B)
Pub. L. 109–304 substituted “section 40102 of title 46” for “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)”
Source evidence
Code amendment note
Par. (3)(B). Pub. L. 109–304 substituted “section 40102 of title 46” for “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)”.
Enacted provision · exact public law section
(2) In section 5901(3)(B), strike “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)” and substitute “section 40102 of title 46”.

6 of 6 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
5901(1)	49:501(a)(1).
5901(2)	49:501(a)(4).
5901(3)	49:501(a)(5).
5901(4)	49:501(a)(6).
5901(5)	49:501(a)(7).
5901(6)	49:501(a)(8).
5901(7)	49:501(a)(9).

This chapter restates 49:508 and the relevant definitions in 49:501 because the subject matter more appropriately belongs in subtitle III of title 49. The text of 49:501(a)(1) is restated to incorporate the definitions in 49:10102. The terms defined in 49:501(a)(2) and (3) are not used in this chapter.

In clause (2), the word “including” is substituted for “For purposes of this paragraph . . . shall be treated as a beneficial owner of such property” for consistency and to eliminate unnecessary words. The words “is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property” are substituted for “providing or arranging for any portion of intermodal transportation of property shall in no case be a beneficial owner of such property, for purposes of this paragraph, solely by reason of providing or arranging for such transportation” to eliminate unnecessary words.

In clause (3)(A), the words “(as such terms are defined in section 10102 of this title)” are omitted as unnecessary because of clause (1) of this section.

In clause (7), the words “property-carrying” are substituted for “cargo carrying” for consistency in the revised title.

Editorial Notes

Amendments1996–2006 · 2 rounds

2006

Par. (3)(B). Pub. L. 109–304 substituted “section 40102 of title 46” for “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)”.

1996

Par. (1). Pub. L. 104–291, § 203(1), added par. (1) and struck out former par. (1) which read as follows: “the definitions in section 10102 of this title apply.”

Pars. (6) to (8). Pub. L. 104–291, § 203(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

Credits

1994–2006 · 3 acts

1994Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 859
1996Pub. L. 104–291, title II, § 203, Oct. 11, 1996, 110 Stat. 3453
2006Pub. L. 109–304, § 17(h)(2), Oct. 6, 2006, 120 Stat. 1709.

Show as published

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 859; Pub. L. 104–291, title II, § 203, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 109–304, § 17(h)(2), Oct. 6, 2006, 120 Stat. 1709.)