---
kind: "section"
citation: "49 U.S.C. § 5904"
title: "49"
title_heading: "Transportation"
number: "5904"
heading: "State enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5904"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 59 — Intermodal Safe Container Transportation"
---

# §5904. State enforcement

- (a) **General.—** A [State](/usc/49/5102.md?p=12) may enact a law to permit the [State](/usc/49/5102.md?p=12) or a political subdivision of the [State](/usc/49/5102.md?p=12)—
  - (1) to impose a fine or penalty, for a violation of a [State](/usc/49/5102.md?p=12) highway weight law or [regulation](/usc/49/5302.md?p=16) by a tractor-[trailer](/usc/49/5901.md?p=8) combination carrying a loaded container or [trailer](/usc/49/5901.md?p=8) for which a certification is required by [section 5902(b) of this title](/usc/49/5902.md?p=b), against the person tendering the loaded container or [trailer](/usc/49/5901.md?p=8) to the [first carrier](/usc/49/5901.md?p=5) if the violation results from the person’s having provided erroneous information in the certification in violation of [section 5903(a) of this title](/usc/49/5903.md?p=a); and
  - (2) to impound the container or [trailer](/usc/49/5901.md?p=8) until the fine or penalty has been paid by the owner or [beneficial owner](/usc/49/5901.md?p=2) of the contents of the container or [trailer](/usc/49/5901.md?p=8) or the person tendering the loaded container or [trailer](/usc/49/5901.md?p=8) to the [first carrier](/usc/49/5901.md?p=5).
- (b) **Limitation.—** This chapter does not require a person tendering a loaded container or [trailer](/usc/49/5901.md?p=8) to a [first carrier](/usc/49/5901.md?p=5) to ensure that the [first carrier](/usc/49/5901.md?p=5) or any other [carrier](/usc/49/5901.md?p=3) involved in the [intermodal transportation](/usc/49/5901.md?p=7) will comply with any [State](/usc/49/5102.md?p=12) highway weight law or [regulation](/usc/49/5302.md?p=16), other than as required by this chapter.

## Source credit

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 861.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5904(a) | 49:508(f). |  |
| 5904(b) | 49:508(h). |  |

In subsection (a)(1), the words “false” and “written” are omitted as surplus and for consistency with section 5903(a) of the revised title.

In subsection (b), the words “does not require” are substituted for “shall not be construed as creating any obligation or responsibility for” to eliminate unnecessary words. The words “State highway weight law or regulation” are substituted for “State statutes or regulations prescribing weight limitations for highway transportation” for consistency with subsection (a) of this section and to eliminate unnecessary words.