then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.
49 U.S.C. § 5902
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5902(a) | 49:508(a)(1). | |
5902(b) | 49:508(a)(2). | |
5902(c) | 49:508(b). | |
5902(d)(1) | 49:508(e). | |
5902(d)(2) | 49:508(a)(4). |
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (a). Pub. L. 104-291, §204(a)(4), (5), substituted "electronically or by telephone. This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier." for "electronically." Pub. L. 104-291, §204(a)(3), inserted "before the tendering of the container or trailer" after "contents of the container or trailer". Pub. L. 104-291, §204(a)(2), substituted "29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a" for "10,000 pounds (including packing material and pallets), the person shall give the carrier a written". Pub. L. 104-291, §204(a)(1), substituted "If the first carrier to which any" for "Before a person tenders to a first carrier for intermodal transportation a". Subsec. (b). Pub. L. 104-291, §204(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Not later than when a person tenders to a first carrier for intermodal transportation a container or trailer to which subsection (a) of this section applies or a loaded container or trailer having an actual gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall certify to the carrier in writing the actual gross cargo weight and a reasonable description of the contents of the container or trailer." Subsec. (c). Pub. L. 104-291, §204(c)(2), inserted at end "If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure." Pub. L. 104-291, §204(c)(1), substituted "transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required." for "transportation."Subsec. (d). Pub. L. 104-291, §204(d), added subsec. (d). Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 104-291, §204(d), (e), redesignated subsec. (d) as (e), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and adjusted margin of par. (2).
- carrier
- "carrier" means-(A) a motor carrier, water carrier, and rail carrier providing transportation of property in commerce; and(B) an ocean common carrier (as defined in section 40102 of title 46) providing transportation of property in commerce.
- first carrier
- "first carrier" means the first carrier transporting a loaded container or trailer in intermodal transportation.
- gross cargo weight
- "gross cargo weight" means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.
- intermodal transportation
- "intermodal transportation" means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or under separate bills of lading.
- trailer
- "trailer" means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor.