49 U.S.C. § 5905 : US Code - Section 5905: Liens

Search 49 U.S.C. § 5905 : US Code - Section 5905: Liens

(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.