49 U.S.C. § 5903 : US Code - Section 5903: Prohibitions

Search 49 U.S.C. § 5903 : US Code - Section 5903: Prohibitions

(a) Providing Erroneous Information. - A person, To (!1) whom
section 5902(b) applies, tendering a loaded container or trailer
may not provide erroneous information in a certification required
by section 5902(b) of this title.
(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.
(c) Unlawful Coercion. - (1) A person may not coerce or attempt
to coerce a person participating in intermodal transportation to
transport a loaded container or trailer having an actual gross
cargo weight of more than 29,000 pounds before the certification
required by section 5902(b) of this title is provided.
(2) A person, knowing that the weight of a loaded container or
trailer or the weight of a tractor-trailer combination carrying the
container or trailer is more than the weight allowed by applicable
State law, may not coerce or attempt to coerce a carrier to
transport the container or trailer or to operate the tractor-
trailer combination in violation of that State law.
(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.