49 U.S.C. § 5902 : US Code - Section 5902: Notifications and certifications

Search 49 U.S.C. § 5902 : US Code - Section 5902: Notifications and certifications

(a) Prior Notification. - If the first carrier to which any
loaded container or trailer having a projected gross cargo weight
of more than 29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a notification of
the gross cargo weight and a reasonable description of the contents
of the container or trailer before the tendering of the container
or trailer. The notification may be transmitted electronically or
by telephone. This subsection applies to any person within the
United States who tenders a container or trailer subject to this
chapter for intermodal transportation if the first carrier is a
motor carrier.
(b) Certification. -
(1) In general. - A person who tenders a loaded container or
trailer with an actual gross cargo weight of more than 29,000
pounds to a first carrier for intermodal transportation shall
provide a certification of the contents of the container or
trailer in writing, or electronically, before or when the
container or trailer is so tendered.
(2) Contents of certification. - The certification required by
paragraph (1) shall include -
(A) the actual gross cargo weight;
(B) a reasonable description of the contents of the container
or trailer;
(C) the identity of the certifying party;
(D) the container or trailer number; and
(E) the date of certification or transfer of data to another
document, as provided for in paragraph (3).
(3) Transfer of certification data. - A carrier who receives a
certification may transfer the information contained in the
certification to another document or to electronic format for
forwarding to a subsequent carrier. The person transferring the
information shall state on the forwarded document the date on
which the data was transferred and the identity of the party who
performed the transfer.
(4) Shipping documents. - For purposes of this chapter, a
shipping document, prepared by the person who tenders a container
or trailer to a first carrier, that contains the information
required by paragraph (2) meets the requirements of paragraph
(1).
(5) Use of "freight all kinds" term. - The term "Freight All
Kinds" or "FAK" may not be used for the purpose of certification
under section 5902(b) after December 31, 2000, as a commodity
description for a trailer or container if the weight of any
commodity in the trailer or container equals or exceeds 20
percent of the total weight of the contents of the trailer or
container. This subsection does not prohibit the use of the term
after that date for rating purposes.
(6) Separate document marking. - If a separate document is used
to meet the requirements of paragraph (1), it shall be
conspicuously marked "INTERMODAL CERTIFICATION".
(7) Applicability. - This subsection applies to any person,
domestic or foreign, who first tenders a container or trailer
subject to this chapter for intermodal transportation within the
United States.
(c) Forwarding Certifications to Subsequent Carriers. - A
carrier, agent of a carrier, broker, customs broker, freight
forwarder, warehouser, or terminal operator shall forward the
certification provided under subsection (b) of this section to a
subsequent carrier transporting the container or trailer in
intermodal transportation before or when the loaded intermodal
container or trailer is tendered to the subsequent carrier. If no
certification is received by the subsequent carrier before or when
the container or trailer is tendered to it, the subsequent carrier
may presume that no certification is required. The act of
forwarding the certification may not be construed as a verification
or affirmation of the accuracy or completeness of the information
in the certification. If a person inaccurately transfers the
information on the certification, or fails to forward the
certification to a subsequent carrier, then that person is liable
to any person who incurs any bond, fine, penalty, cost (including
storage), or interest for any such fine, penalty, cost (including
storage), or interest incurred as a result of the inaccurate
transfer of information or failure to forward the certification. A
subsequent carrier who incurs a bond, fine, penalty, or cost
(including storage), or interest as a result of the inaccurate
transfer of the information, or the failure to forward the
certification, shall have a lien against the contents of the
container or trailer under section 5905 in the amount of the bond,
fine, penalty, or cost (including storage), or interest and all
court costs and legal fees incurred by the carrier as a result of
such inaccurate transfer or failure.
(d) Liability to Owner or Beneficial Owner. - If -
(1) a person inaccurately transfers information on a
certification required by subsection (b)(1), or fails to forward
a certification to the subsequent carrier;
(2) as a result of the inaccurate transfer of such information
or a failure to forward a certification, the subsequent carrier
incurs a bond, fine, penalty, or cost (including storage), or
interest; and
(3) that subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner, or to
any other person paying the amount of the lien to the subsequent
carrier, for the amount of the lien and all costs related to the
imposition of the lien, including court costs and legal fees
incurred in connection with it.
(e) Nonapplication. - (1) The notification and certification
requirements of subsections (a) and (b) of this section do not
apply to any intermodal container or trailer containing
consolidated shipments loaded by a motor carrier if that motor
carrier -
(A) performs the highway portion of the intermodal movement; or
(B) assumes the responsibility for any weight-related fine or
penalty incurred by any other motor carrier that performs a part
of the highway transportation.
(2) Subsections (a) and (b) of this section and section 5903(c)
of this title do not apply to a carrier when the carrier is
transferring a loaded container or trailer to another carrier
during intermodal transportation, unless the carrier is also the
person tendering the loaded container or trailer to the first
carrier.
(3) A carrier, agent of a carrier, broker, customs broker,
freight forwarder, warehouser, or terminal operator is deemed not
to be a person tendering a loaded container or trailer to a first
carrier under this section, unless the carrier, agent, broker,
customs broker, freight forwarder, warehouser, or terminal operator
assumes legal responsibility for loading property into the
container or trailer.