--H.R.3598--
H.R.3598
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To amend title 49, United States Code, to provide for verification of weights,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Intermodal Safe Container Transportation
Act of 1992'.

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(a) IN GENERAL- Subchapter I of chapter 5 of title 49, United States Code,
is amended by adding at the end the following new section:
`Sec. 508. Certification of weights and description
`(a) NOTIFICATION AND CERTIFICATION-
`(1) PRIOR NOTIFICATION- Before the time any person tenders to an initial
carrier any loaded container or trailer for intermodal transportation having
a projected gross cargo weight (inclusive of packing material and pallets)
of more than 10,000 pounds, such person shall give such carrier written
notification of such gross cargo weight and a reasonable description of the
contents of the container or trailer. The notification may be transmitted
electronically.
`(2) CERTIFICATION- At or before the time of tendering to an initial
carrier for intermodal transportation of a container or trailer to which
paragraph (1) applies or of a loaded container or trailer having an actual
gross cargo weight (inclusive of packing material and pallets) of more than
10,000 pounds, the person tendering the container or trailer shall certify
to the carrier in writing the actual gross cargo weight and a reasonable
description of the contents of the container or trailer.
`(3) VIOLATION- After the date on which the Secretary of Transportation
issues final regulations to enforce this section, it shall be a violation
of this section for any person tendering a loaded container or trailer to
fail to comply with paragraph (1) or (2) or to provide false or erroneous
information in a written certification required by paragraph (2).
`(4) LIMITATION ON APPLICABILITY- For purposes of this section, a carrier,
agent of a carrier, broker, customs broker, freight forwarder, warehouseman,
and terminal operator shall not be considered to be a person tendering
a loaded container or trailer to an initial carrier, unless the carrier,
agent, broker, customs broker, freight forwarder, warehouseman, or terminal
operator assumes legal responsibility for the loading of property into
the container or trailer.
`(b) FORWARDING INFORMATION TO SUBSEQUENT CARRIERS-
`(1) IN GENERAL- It shall be a violation of this section for a carrier,
agent of a carrier, broker, customs broker, freight forwarder, warehouseman,
or terminal operator to fail to forward the certification of actual gross
cargo weight and reasonable description of the contents of a loaded
container or trailer provided under subsection (a)(2) to a subsequent
carrier transporting the container or trailer in intermodal transportation.
`(2) LIMITATION ON INTERPRETATION OF CARRIER FORWARDING INFORMATION-
The forwarding of information under paragraph (1) by a carrier, agent
of a carrier, broker, customs broker, freight forwarder, warehouseman,
or terminal operator shall not constitute, or in any way be construed as,
a verification or affirmation by the carrier, agent, broker, customs broker,
freight forwarder, warehouseman, or terminal operator of the accuracy or
completeness of such information.
`(c) UNLAWFUL COERCION- It shall be unlawful--
`(1) for any person to 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 10,000 pounds (inclusive
of packing materials and pallets) before the certification required by
subsection (a)(2) has been provided; and
`(2) for any person, knowing that the weight of the loaded container
or trailer or the weight of the tractor-trailer combination carrying
the container or trailer in intermodal transportation is in excess of
that permitted by applicable State law, to coerce or attempt to coerce
any carrier--
`(A) to transport the container or trailer; or
`(B) to operate the tractor-trailer combination;
in violation of such law.
`(d) DUTY OF MOTOR CARRIER- It shall be unlawful for a motor carrier (as such
term is defined in section 10102 of this title) to provide transportation
of a loaded container or trailer to which subsection (a)(2) applies prior
to receiving the certification required by subsection (a)(2).
`(e) LIMITATION ON APPLICABILITY TO CARRIERS- The provisions of subsections
(a) and (c) shall not apply to a carrier when the carrier is transferring
a loaded container or trailer to other carriers in the course of intermodal
transportation, unless the carrier is also the person tendering the loaded
container or trailer to the initial carrier.
`(f) STATE ENFORCEMENT- A State is authorized to enact legislation to
enable the State or a political subdivision of the State--
`(1) to assess fines and penalties for violations of State highway weight
laws and regulations by a tractor-trailer combination carrying a loaded
container or trailer for which a certification is required under subsection
(a)(2) against the person tendering to the initial carrier the loaded
container or trailer; and
`(2) to impound the container or trailer until such fines and penalties
have been paid by the owners or beneficial owners of the contents of
the container or trailer or the person tendering the loaded container or
trailer to the initial carrier;
in any case in which the fines or penalties result from providing false or
erroneous information in a written certification in violation of subsection
(a)(3).
`(g) LIENS-
`(1) IN GENERAL- If a carrier or person involved in the intermodal
transportation of a loaded container or trailer for which a certification
is required under subsection (a)(2) must under State law post bond or pay
any fines, penalties, costs, expenses, or interest resulting from providing
false or erroneous information in a written certification with respect to
the container or trailer or the contents thereof to the initial carrier in
violation of subsection (a)(3), the carrier or other person shall have a
lien against such contents equivalent to the amount of such bond or fines,
penalties, costs, expenses, or interest incurred by the carrier or other
person until the carrier or other person has received a payment of such
amount from the owner or beneficial owner of the contents or from the
person responsible for making the certification.
`(2) LIMITATIONS-
`(A) LIMITATION ON DISPOSITION OF CONTENTS- A lien under this subsection
shall not authorize a carrier or other person to sell or otherwise
dispose of the contents of a loaded container or trailer until the person
who tendered the container or trailer to the initial carrier is given a
reasonable opportunity to determine responsibility for the bond or fines,
penalties, costs, expenses, or interest.
`(B) TREATMENT OF CERTAIN OWNERS AND BENEFICIAL OWNERS- For purposes
of this subsection, an owner or beneficial owner of the contents of a
container or trailer or a person tendering a container or trailer to the
initial carrier shall not be treated as a carrier or person involved in
the intermodal transportation of the container or trailer.
`(C) LIMITATION ON APPLICABILITY- The provisions of this subsection and
subsection (f)(2) shall not apply to a container or trailer the contents
of which are perishable agricultural commodities (as such term is defined
in the Perishable Agricultural Commodities Act, 1930).
`(h) LIMITATION ON STATUTORY CONSTRUCTION- This section  shall not be
construed as creating any obligation or responsibility for the person
tendering the loaded container or trailer to the initial carrier to ensure
that the initial carrier or any other carrier involved in the intermodal
transportation will comply with any State statutes or regulations prescribing
weight limitations for highway transportation, beyond the requirements
set forth in this section.'.
(b) ENFORCEMENT- Section 521(b)(2)(A) of such title is amended by inserting
`or which is a violation of section 508 of this title' after `Act of 1984'.
(c) DEFINITIONS- Section 501(a) of such title is amended by adding at the
end the following new paragraphs:
`(4) `beneficial owner' means a person who does not have title to property
but has ownership rights in the property. For purposes of this paragraph,
a trustee of property in transit from an overseas point of origin who is
domiciled in or is doing business in the United States shall be treated as a
beneficial owner of such property. A carrier, agent of a carrier, broker,
customs broker, freight forwarder, warehouseman, or terminal operator
providing or arranging for any portion of intermodal transportation of
property shall in no case be a beneficial owner of such property, for
purposes of this paragraph, solely by reason of providing or arranging
for such transportation.
`(5) `carrier' means--
`(A) a motor carrier, water carrier, and rail carrier (as such terms are
defined in section 10102 of this title), and
`(B) an ocean common carrier (as such term is defined in section 3 of the
Shipping Act of 1984 (46 U.S.C. App. 1702)),
providing transportation of property in commerce.
`(6) `container' has the meaning given the term `freight container' by the
International Standards Organization in Series 1, Freight Containers, 3rd
Edition (reference number IS0668-1979(E)), including successive revisions
thereto, and similar containers that are used in providing transportation
in interstate commerce.
`(7) `initial carrier' means the first carrier transporting a loaded
container or trailer in intermodal transportation.
`(8) `intermodal transportation' means successive carriage of a loaded
container or trailer from an origin point to a destination point by more
than one mode of transportation in interstate or foreign commerce. Such
term shall include carriage by more than one mode of transportation in
interstate or foreign commerce both under a single bill of lading and
under separate bills of lading.
`(9) `trailer' means a nonpower, cargo carrying, trailing unit which is
designed for use in combination with a truck tractor.'.
(d) REGULATIONS- The Secretary shall initiate a proceeding to issue
regulations to enforce section 508 of title 49, United States Code, within
180 days after the date of the enactment of this Act and shall issue final
regulations within 270 days after such date of enactment. The Secretary
may establish, by regulation, exemptions to such regulations that are in
the public interest and consistent with the purposes of this Act.
(e) CONFORMING AMENDMENT TO CHAPTER ANALYSIS- The analysis for subchapter
I of chapter 105 of title 49, United States Code, is amended by adding at
the end the following new item:
`508. Certification of weights and description.'.

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(a) STUDY- The Secretary of Transportation shall conduct a study for the
purpose of--
(1) assessing--
(A) existing data and data collection needs with respect to the movement
in intermodal transportation of loaded containers and trailers (including
containers and trailers containing perishable agricultural commodities)
in violation of section 508 of title 49, United States Code, and State
highway motor vehicle weight laws;
(B) the legal and practical impediments to the collection of such data; and
(C) how these intermodal movements compare with other overweight domestic
highway freight movements; and
(2) providing legislative and other recommendations for improving the
collection of such data.
(b) CONSULTATION- In carrying out the study under this section, the
Secretary of Transportation shall consult with the States and shippers,
carriers, port authorities, and other persons involved in the intermodal
transportation of loaded containers and trailers.
(c) REPORT- Not later than 2 years after the date of the enactment of this
Act, the Secretary of Transportation shall transmit to the Committee on
Public Works and Transportation, the Committee on Energy and Commerce,
and the Committee on Merchant Marine and Fisheries of the House of
Representatives and to the appropriate committees of the Senate a report
on the results of the study conducted under this section, together with
the recommendations referred to in subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Intermodal Safe Container Transportation Act of 1991 — HR. 3598

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