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Title 49 — Transportation

Chapter 59 — Intermodal Safe Container Transportation

§ 5905. Liens

Statutory text

(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.

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

    Enacted · 49 U.S.C. § 5905

    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 861

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 861

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

  2. Intermodal Safe Container Transportation Amendments Act of 1996

    Pub. L. 104–291 § 206(1) · 110 Stat. 3452

    1. Added · 49 U.S.C. § 5905(a)

      Pub. L. 104–291, § 206(1), added subsec. (a)

    2. Struck · 49 U.S.C. § 5905(a)

      Pub. L. 104–291, § 206(1), struck out former subsec. (a) which read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(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.”;

  3. Intermodal Safe Container Transportation Amendments Act of 1996

    Pub. L. 104–291 § 206(3) · 110 Stat. 3452

    Substituted · 49 U.S.C. § 5905(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (3) by striking “cost, or interest.” in subsection (b)(1) and inserting “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.”.

  4. Intermodal Safe Container Transportation Amendments Act of 1996

    Pub. L. 104–291 § 206(2) · 110 Stat. 3452

    Inserted · 49 U.S.C. § 5905(b)(1)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–291, § 206(2), inserted “, or the owner or beneficial owner of the contents,” after “first carrier”.

    Enacted provision · exact public law section
    (2) by inserting a comma and “or the owner or beneficial owner of the contents,” after “first carrier” in subsection (b)(1); and

5 of 5 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (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”.

Credits

1994–1996 · 2 acts
  1. 1994Pub. L. 103–272, § 1(d), , 108 Stat. 861
  2. 1996Pub. L. 104–291, title II, § 206, , 110 Stat. 3457.
Show as published

(Pub. L. 103–272, § 1(d), , 108 Stat. 861; Pub. L. 104–291, title II, § 206, , 110 Stat. 3457.)

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