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49 U.S.C. § 5905 — Liens
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by [section 5902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5902/b&num=0&edition=prelim) is required, because of a violation of a State’s gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from—
(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of [section 5903(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5903/a&num=0&edition=prelim);
(2) the failure of the party required to provide the certification to the first carrier to provide it;
(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or
(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.
**(b) Limitations.—**
(1) A lien under this section does not authorize a person to dispose of the contents of a loaded container or trailer until the person who tendered the container or trailer to the first carrier, or the owner or beneficial owner o
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Source file: Laws/federal/codes/united-states-code/title-49/section-5905-liens--b66e587372.md
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Source location: Title 49, Chapter 59, § 5905; chapter-059-intermodal-safe-container-transportation.md
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**(a) General.—** If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by [section 5902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5902/b&num=0&edition=prelim) is required, because of a violation of a State’s gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from—
(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of [section 5903(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5903/a&num=0&edition=prelim);
(2) the failure of the party required to provide the certification to the first carrier to provide it;
(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or
(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.
**(b) Limitations.—**
(1) A lien under this section does not authorize a person to dispose of the contents of a loaded container or trailer until the person who tendered the container or trailer to the first carrier, or the owner or beneficial owner of the contents, is given a reasonable opportunity to establish responsibility for the bond, fine, penalty, cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.
(2) In this section, an owner or beneficial owner of the contents of a container or trailer or a person tendering a container or trailer to the first carrier is deemed not to be a person involved in the intermodal transportation of the container or trailer.
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Federal law — U.S. Code and appendices · legal_authorities
[Section 5905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5905&num=0&edition=prelim) does not apply to a container or trailer the contents of which are perishable agricultural commodities (as defined in the Perishable Agricultural Commodities Act, 1930 ([7 U.S.C. 499a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499a&num=0&edition=prelim) et seq.)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5906
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Federal law — U.S. Code and appendices · legal_authorities
Page 392
TITLE 49—TRANSPORTATION
§ 5904
tual gross cargo weight of more than 29,000
pounds before the certification required by sec-
tion 5902(b) of this title is provided.
(2) A person, knowing that the weight of a
loaded container or trailer or the weight of a
tractor-trailer combination carrying the con-
tainer or trailer is more than the weight allowed
by applicable State law, may not coerce or at-
tempt to coerce a carrier to transport the con-
tainer or trailer or to operate the tractor-trailer
combination in violation of that State law.
(d) NOTICE TO LEASED OPERATORS.—
(1) IN
GENERAL.—If a motor carrier knows
that the gross cargo weight of an intermodal
container or trailer subject to the certifi-
cation requirements of section 5902(b) would
result in a violation of applicable State gross
vehicle weight laws, then—
(A) the motor carrier shall give notice to
the operator of a vehicle which is leased by
the vehicle operator to a motor carrier that
transports an intermodal container or trail-
er of the gross cargo weight of the container
or trailer as certified to the motor carrier
under section 5902(b);
(B) the notice shall be provided to the op-
erator prior to the operator being tendered
the container or trailer;
(C) the notice required by this subsection
shall be in writing, but may be transmitted
electronically; and
(D) the motor carrier shall bear the burden
of proof to establish that it tendered the re-
quired notice to the operator.
(2) REIMBURSEMENT.—If the operator of a
leased vehicle transporting a container or
trailer subject to this chapter is fined because
of a violation of a State’s gross vehicle weight
laws or regulations and the lessee motor car-
rier cannot establish that it tendered to the
operator the notice required b
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5905
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