§5902. Notifications and certifications — Inbound Citations
49 U.S.C. § 5902
Cited by 9 provisions in release 119-102.
Citations to §5902(b)
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(a) A person, To1 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.
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(2) 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.
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(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.
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(1) 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.
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(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);
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(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person’s having provided erroneous information in the certification in violation of section 5903(a) of this title; and
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(a) 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.
Citations to §5902(b)(3)
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(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
Citations to §5902(c)
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(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or