§ 5903. Prohibitions

Footnotes

1. 1 So in original. Probably should not be capitalized.

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.

1. 1994

   Pub. L. 103–272 § 1(d) · 108 Stat. 745

   Enacted · 49 U.S.C. § 5903

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 860

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 860

   Enacted provision · exact public law section
   (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1996

   Intermodal Safe Container Transportation Amendments Act of 1996

   Pub. L. 104–291 § 205(1) · 110 Stat. 3452

   Inserted · 49 U.S.C. § 5903(a)

   Pub. L. 104–291, § 205(1), inserted “, To whom section 5902(b) applies,” after “person”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–291, § 205(1), inserted “, To whom section 5902(b) applies,” after “person”.

   Enacted provision · exact public law section
   (1) by inserting after “person” in subsection (a) a comma and the following: “To whom section 5902(b) applies,”;

3. 1996

   Intermodal Safe Container Transportation Amendments Act of 1996

   Pub. L. 104–291 § 205(2) · 110 Stat. 3452

   1. Added · 49 U.S.C. § 5903(b)

      Pub. L. 104–291, § 205(2), added subsec. (b)

   2. Struck · 49 U.S.C. § 5903(b)

      Pub. L. 104–291, § 205(2), struck out former subsec. (b) which read as follows:

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (2) by striking subsection (b) and inserting the following: “(b) Transporting Prior to Receiving Certification.— “(1) Presumption.— 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) Copy of certification not required to accompany container or trailer.— 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.”;

4. 1996

   Intermodal Safe Container Transportation Amendments Act of 1996

   Pub. L. 104–291 § 205(3) · 110 Stat. 3452

   Substituted · 49 U.S.C. § 5903(c)

   Pub. L. 104–291, § 205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–291, § 205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”.

   Enacted provision · exact public law section
   (3) by striking “10,000 pounds (including packing materials and pallets)” in subsection (c)(1) and inserting “29,000 pounds”; and

5. 1996

   Intermodal Safe Container Transportation Amendments Act of 1996

   Pub. L. 104–291 § 205(4) · 110 Stat. 3452

   Added · 49 U.S.C. § 5903(d)

   Pub. L. 104–291, § 205(4), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–291, § 205(4), added subsec. (d).

   Enacted provision · exact public law section
   (4) by adding at the end the following: “(d) Notice to Leased Operators.— “(1) In general.— 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) Reimbursement.— 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.”.

6 of 6 references resolved to an enrolled provision