§5902. Notifications and certifications
(a) Prior Notification.-Before a person tenders to a first carrier for intermodal transportation a loaded container or trailer having a projected gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall give the carrier a written notification of the gross cargo weight and a reasonable description of the contents of the container or trailer. The notification may be transmitted electronically.
(b) Certification.-Not later than when a person tenders to a first carrier for intermodal transportation a container or trailer to which subsection (a) of this section applies or a loaded container or trailer having an actual gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall certify to the carrier in writing the actual gross cargo weight and a reasonable description of the contents of the container or trailer.
(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. 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.
(d) Nonapplication.-(1) 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.
(2) 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.
(
Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 860
.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5902(a) |
49:508(a)(1). |
|
| 5902(b) |
49:508(a)(2). |
|
| 5902(c) |
49:508(b). |
|
| 5902(d)(1) |
49:508(e). |
|
| 5902(d)(2) |
49:508(a)(4). |
|
In subsection (c), the words "shall forward" are substituted for "It shall be a violation of this section for . . . to fail to forward" for clarity. The words "may not be construed as" are substituted for "shall not constitute, or in any way be construed as" to eliminate unnecessary words.
In subsection (d)(2), the words "is deemed not to be" are substituted for "shall not be considered to be" for consistency in the revised title.
Section Referred to in Other Sections
This section is referred to in sections 5903, 5904, 5905 of this title.