Section 5904 - State enforcement(a) GENERAL.-A State may enact a law to permit the State or a political subdivision of the State-(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(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier. Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 861.| HISTORICAL AND REVISION NOTE |
| Revised 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. - 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.
- 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.