§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 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.
(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 is given a reasonable opportunity to establish responsibility for the bond, fine, penalty, cost, or interest.
(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.
(
Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861
.)
Historical and Revision Notes
| Revised Section | Source (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.
Section Referred to in Other Sections
This section is referred to in section 5906 of this title.