---
kind: "section"
citation: "49 U.S.C. § 5903"
title: "49"
title_heading: "Transportation"
number: "5903"
heading: "Prohibitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5903"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 59 — Intermodal Safe Container Transportation"
---

# §5903. Prohibitions

- (a) **Providing Erroneous Information.—** A person, To[^1] whom [section 5902(b)](/usc/49/5902.md?p=b) applies, tendering a loaded container or [trailer](/usc/49/5901.md?p=8) may not provide erroneous information in a certification required by [section 5902(b) of this title](/usc/49/5902.md?p=b).
- (b) **Transporting Prior to Receiving Certification.—**
  - (1) **Presumption.—** If no certification is received by a motor [carrier](/usc/49/5901.md?p=3) before or when a loaded intermodal container or [trailer](/usc/49/5901.md?p=8) is tendered to it, the motor [carrier](/usc/49/5901.md?p=3) may presume that the [gross cargo weight](/usc/49/5901.md?p=6) of the container or [trailer](/usc/49/5901.md?p=8) 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)](/usc/49/5902.md?p=b) is not required to accompany the intermodal container or [trailer](/usc/49/5901.md?p=8).
- (c) **Unlawful Coercion.—**
  - (1) A person may not coerce or attempt to coerce a person participating in [intermodal transportation](/usc/49/5901.md?p=7) to transport a loaded container or [trailer](/usc/49/5901.md?p=8) having an actual [gross cargo weight](/usc/49/5901.md?p=6) of more than 29,000 pounds before the certification required by [section 5902(b) of this title](/usc/49/5902.md?p=b) is provided.
  - (2) A person, knowing that the weight of a loaded container or [trailer](/usc/49/5901.md?p=8) or the weight of a tractor-[trailer](/usc/49/5901.md?p=8) combination carrying the container or [trailer](/usc/49/5901.md?p=8) is more than the weight allowed by applicable [State](/usc/49/5102.md?p=12) law, may not coerce or attempt to coerce a [carrier](/usc/49/5901.md?p=3) to transport the container or [trailer](/usc/49/5901.md?p=8) or to operate the tractor-[trailer](/usc/49/5901.md?p=8) combination in violation of that [State](/usc/49/5102.md?p=12) law.
- (d) **Notice to Leased Operators.—**
  - (1) **In general.—** If a motor [carrier](/usc/49/5901.md?p=3) knows that the [gross cargo weight](/usc/49/5901.md?p=6) of an intermodal container or [trailer](/usc/49/5901.md?p=8) subject to the certification requirements of [section 5902(b)](/usc/49/5902.md?p=b) would result in a violation of applicable [State](/usc/49/5102.md?p=12) gross vehicle weight laws, then—
    - (A) the motor [carrier](/usc/49/5901.md?p=3) shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor [carrier](/usc/49/5901.md?p=3) that transports an intermodal container or [trailer](/usc/49/5901.md?p=8) of the [gross cargo weight](/usc/49/5901.md?p=6) of the container or [trailer](/usc/49/5901.md?p=8) as certified to the motor [carrier](/usc/49/5901.md?p=3) under [section 5902(b)](/usc/49/5902.md?p=b);
    - (B) the notice shall be provided to the operator prior to the operator being tendered the container or [trailer](/usc/49/5901.md?p=8);
    - (C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and
    - (D) the motor [carrier](/usc/49/5901.md?p=3) 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](/usc/49/5901.md?p=8) subject to this chapter is fined because of a violation of a [State](/usc/49/5102.md?p=12)’s gross vehicle weight laws or [regulations](/usc/49/5302.md?p=16) and the lessee motor [carrier](/usc/49/5901.md?p=3) 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](/usc/49/5901.md?p=3) in the amount of any fine and court costs resulting from the failure of the motor [carrier](/usc/49/5901.md?p=3) to tender the notice to the operator.

## Footnotes

[^1]: So in original. Probably should not be capitalized.

## Source credit

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 860; Pub. L. 104–291, title II, § 205, Oct. 11, 1996, 110 Stat. 3456.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5903(a) | 49:508(a)(3) (related to violations). |  |
| 5903(b) | 49:508(d). |  |
| 5903(c) | 49:508(c). |  |

In this section, the words “may not” are substituted for “it shall be a violation” and “It shall be unlawful” for consistency in the revised title.

In subsection (a), the words “After the date on which the Secretary of Transportation issues final regulations to enforce this section” are omitted because of section 5907(b) of the revised title. The words “to fail to comply with paragraph (1) or (2)” are omitted as unnecessary because the failure to comply with an affirmative duty is a violation without the need to say so specifically. The word “false” is omitted as included in “erroneous”. The word “written” is omitted as surplus.

In subsection (b), the words “(as such term is defined in section 10102 of this title)” are omitted as unnecessary because of section 5901(1) of the revised title. The word “transport” is substituted for “provide transportation of” for consistency and to eliminate unnecessary words.

### Editorial Notes

### Amendments

1996—Subsec. (a). Pub. L. 104–291, § 205(1), inserted “, To whom section 5902(b) applies,” after “person”.

Subsec. (b). Pub. L. 104–291, § 205(2), added subsec. (b) and struck out former subsec. (b) which read as follows:

“(b) Transporting Prior To Receiving Certification.—A motor carrier may not transport a loaded container or trailer to which section 5902(b) of this title applies before receiving the certification required by section 5902(b).”

Subsec. (c). Pub. L. 104–291, § 205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”.

Subsec. (d). Pub. L. 104–291, § 205(4), added subsec. (d).