I 

108TH CONGRESS 

1ST SESSION H. R. 2863

To amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. BROWN of South Carolina (for himself and Mr. BAKER) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL

To amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intermodal Equipment 

5 Safety and Responsibility Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 
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1 (1) Promoting safety on our Nation’s highways 

2 is a national priority. The Department of Transpor3 tation has promulgated the Federal Motor Carrier 

4 Safety Regulations to further this purpose. The sys5 tematic maintenance, repair, and inspection of 

6 equipment traveling in interstate commerce are an 

7 integral part of the safety regime. 

8 (2) Intermodal transportation plays a signifi9 cant role in expanding our Nation’s commerce. The 

10 Nation’s economy depends heavily upon the ability 

11 to transport goods via the various modes of trans12 portation. 

13 (3) Motor carriers and their drivers often re14 ceive trailers, chassis, containers and other pieces of 

15 intermodal equipment to be transported in interstate 

16 commerce. Motor carriers do not, however, possess 

17 the requisite level of control or authority over this 

18 intermodal equipment to perform the systematic 

19 maintenance, repair and inspection necessary to en20 sure compliance with the Federal Motor Carrier 

21 Safety Regulations and to ensure the safety of our 

22 Nation’s highways. 

23 (4) As a result of roadside inspections, motor 

24 carriers and their drivers are cited and fined for vio25 lations of the Federal Motor Carrier Safety Regula-
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1 tions attributable to intermodal equipment that 

2 motor carriers and their drivers neither systemati3 cally maintain nor have the opportunity to system4 atically maintain. Additionally, violations of the Fed5 eral Motor Carrier Safety Regulations attributable 

6 to intermodal equipment are assigned to the motor 

7 carrier’s safety record. Congress should exercise its 

8 power to ensure that only those parties who control 

9 the equipment, thus having the opportunity and au10 thority to systematically maintain, repair and in11 spect intermodal equipment, assume responsibility 

12 for the safety of that equipment as it travels in 

13 interstate commerce. 

14 SEC. 3. DEFINITIONS. 

15 Section 5901 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(9) MOTOR CARRIER.—The term ‘motor car18 rier’ means a person providing motor vehicle trans19 portation for compensation or a motor private car20 rier as that term is defined in chapter 131 of this 

21 title. 

22 ‘‘(10) EQUIPMENT.—The term ‘equipment’ 

23 means equipment commonly used in the road trans24 port of intermodal freight, including trailers, chassis, 
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1 containers and associated devices, and used as an in2 strumentality of foreign or interstate commerce. 

3 ‘‘(11) EQUIPMENT INTERCHANGE AGREE4 MENT.—The term ‘equipment interchange agree5 ment’ means a written document executed by an 

6 equipment controller or its agent and a motor car7 rier which establishes the responsibilities and liabil8 ities of both parties as they relate to the interchange 

9 of the equipment. 

10 ‘‘(12) EQUIPMENT CONTROLLER.—The term 

11 ‘equipment controller’ means any party with any 

12 legal right, title, or interest in the equipment, except 

13 that a motor carrier is not an equipment controller 

14 only because of providing or arranging for any part 

15 of the intermodal transportation of the equipment. 

16 In no instance shall a motor carrier who has not 

17 been contractually delegated responsibility for sys18 tematic maintenance and repair of equipment be 

19 considered a controller of that equipment. 

20 ‘‘(13) INTERCHANGE.—The term ‘interchange’ 

21 means the act of providing equipment to a motor 

22 carrier for the purpose of transporting the equip23 ment for loading or unloading by any party or repo24 sitioning the equipment for the benefit of the equip25 ment controller. Such term does not mean the leas-
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1 ing of equipment to a motor carrier for use in the 

2 motor carrier’s over-the-road freight hauling oper3 ations. 

4 ‘‘(14) FEDERAL MOTOR CARRIER SAFETY REG5 ULATIONS.—The term ‘Federal Motor Carrier Safety 

6 Regulations’ means the regulations promulgated by 

7 the United States Department of Transportation 

8 governing the condition and maintenance of commer9 cial motor vehicles as set forth in title 49 of the 

10 Code of Federal Regulations.’’. 

11 SEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS. 

12 Chapter 59 of title 49, United States Code, is further 

13 amended by adding at the end the following: 

14 ‘‘§ 5910. Jurisdiction over equipment controller 

15 ‘‘The authority of the Secretary of Transportation to 

16 prescribe regulations on commercial motor vehicle safety 

17 under section 31136 shall apply to controllers of equip18 ment that is interchanged or intended to be inter19 changed.’’. 

20 SEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY. 

21 Chapter 59 of title 49, United States Code, is further 

22 amended by adding at the end the following: 
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1 ‘‘§ 5911. Equipment inspection, repair, and mainte2 nance 

3 ‘‘(a) Notwithstanding any provision in an equipment 

4 interchange agreement to the contrary, an equipment con5 troller shall be responsible and held liable for the system6 atic inspection, maintenance, and repair of equipment 

7 interchanged or intended for interchange. An equipment 

8 controller shall, each time prior to offering a motor carrier 

9 agent the equipment for interchange, inspect the equip10 ment and provide such maintenance on, and make such 

11 repairs to, the equipment to ensure such equipment com12 plies with all applicable Federal Motor Carrier Safety Reg13 ulations at all times. At no time shall a motor carrier 

14 agent be offered equipment that has not been inspected 

15 and repaired as necessary to comply with such regulations. 

16 ‘‘(b) In the event that a repair to the equipment 

17 interchanged is required while in a motor carrier’s posses18 sion in order to comply with the Federal Motor Carrier 

19 Safety Regulations, the equipment controller shall prompt20 ly reimburse the motor carrier for the actual expenses in21 curred and time spent by the motor carrier for the nec22 essary repair. 

23 ‘‘(c) The equipment controller shall not be liable 

24 under subsection (b) if the motor carrier’s negligence or 

25 willful misconduct caused the condition requiring repair 

26 under subsection (b).’’. 
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1 SEC. 6. SAFETY COMPLIANCE. 

2 Chapter 59 of title 49, United States Code, is further 

3 amended by adding at the end the following: 

4 ‘‘§ 5912. Compliance with safety regulations 

5 ‘‘(a) EQUIPMENT CONTROLLER LIABILITY.—Not6 withstanding any provision in an equipment interchange 

7 agreement to the contrary, the equipment controller shall 

8 be liable for all violations of the Federal Motor Carrier 

9 Safety Regulations attributable to the controller’s equip10 ment and shall pay any applicable fines, penalties, and 

11 damages resulting from the equipment’s violation of such 

12 regulations; except that the equipment controller shall not 

13 be liable for violations of such regulations attributable to 

14 the controller’s equipment that are proximately caused by 

15 the motor carrier’s or motor carrier’s agent’s negligence 

16 or willful misconduct. 

17 ‘‘(b) MOTOR CARRIER’S LIMITED LIABILITY.—Ex18 cept as provided in subsection (a), a motor carrier and 

19 any motor carrier agent who receives equipment through 

20 interchange shall not be liable for any violation of the Fed21 eral Motor Carrier Safety Regulations attributable to that 

22 equipment. 

23 ‘‘(c) LIMITATION ON EFFECT.—No record or report 

24 of a violation of the Federal Motor Carrier Safety Regula25 tions, whether issued by a Federal, State, or local law en26 forcement authority, attributable to equipment inter-
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1 changed shall have any effect on a motor carrier’s overall 

2 safety rating or safety status measurement system score, 

3 as determined by the Federal Motor Carrier Safety Ad4 ministration, or on a motor carrier’s agent’s driving record 

5 unless such violation was proximately caused by the motor 

6 carrier’s or motor carrier’s agent’s negligence or willful 

7 misconduct. 

8 ‘‘(d) PROCEDURE FOR RECORDS CORRECTIONS.—

9 The Secretary of Transportation shall establish, within 6 

10 months of the date of enactment of this section, an expe11 dited procedure to correct records or reports of violations 

12 that should not have impacted a motor carrier or a motor 

13 carrier agent under subsection (c).’’. 

14 SEC. 7. AUTHORITY TO INSPECT. 

15 Chapter 59 of title 49, United States Code, is further 

16 amended by adding at the end the following: 

17 ‘‘§ 5913. Authority to inspect 

18 ‘‘(a) The Secretary of Transportation is authorized 

19 to enter into the facility of an equipment controller to in20 spect and determine if equipment intended to be inter21 changed for use on a public highway complies with all ap22 plicable Federal Motor Carrier Safety Regulations. 

23 ‘‘(b) The Secretary shall establish and implement 

24 with appropriate staffing an inspection and audit program 

25 at facilities of equipment controllers to determine the com-
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1 pliance of equipment intended to be interchanged for use 

2 on a public highway with the Federal Motor Carrier Safety 

3 Regulations. Inspection of equipment and the equipment’s 

4 corresponding maintenance records shall take place no less 

5 than once every 3 months. 

6 ‘‘(c) Equipment that fails to comply with the Federal 

7 Motor Carrier Safety Regulations during the inspection in 

8 subsection (b) shall be placed out of service and shall not 

9 be used on a public highway until such time as repairs 

10 have been completed. Repairs of equipment placed out of 

11 service shall be documented in the equipment’s cor12 responding maintenance records. 

13 ‘‘(d) The Secretary may establish fines against equip14 ment controllers for violations of section 5911.’’. 

15 SEC. 8. PENALTIES FOR RETALIATION. 

16 Chapter 59 of title 49, United States Code, is further 

17 amended by adding at the end the following: 

18 ‘‘§ 5914. Penalties for retaliation 

19 ‘‘(a) An equipment controller shall not take any ac20 tion to threaten, coerce, discipline, discriminate, or other21 wise retaliate against a motor carrier or motor carrier 

22 agent who requests maintenance or repair of equipment 

23 intended for interchange in order to comply with the Fed24 eral Motor Carrier Safety Regulations. 
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1 ‘‘(b) For purposes of this section, ‘retaliation’ shall 

2 include, but not be limited to, failing to provide compliant 

3 equipment within 60 minutes from the time an agent for 

4 a motor carrier that has been requested to pick up equip5 ment arrives to pick up such equipment. 

6 ‘‘(c) An equipment controller who violates subsection 

7 (a) shall be liable to the United States Government for 

8 a civil penalty of up to $10,000 for each violation.’’. 

9 SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. 

10 Chapter 59 of title 49, United States Code, is further 

11 amended by adding at the end the following: 

12 ‘‘§ 5915. Maintenance responsibility 

13 ‘‘An equipment controller is prohibited from dele14 gating its responsibility to systematically maintain and re15 pair equipment intended for interchange to a motor car16 rier or motor carrier agent in an equipment interchange 

17 agreement.’’. 

18 SEC. 10. COMPATIBILITY OF STATE LAWS. 

19 (a) IN GENERAL.—Chapter 59 of title 49, United 

20 States Code, is further amended by adding at the end the 

21 following: 

22 ‘‘§ 5916. Compatibility of State laws 

23 ‘‘(a) Except as provided in subsection (b) and unless 

24 authorized by another law of the United States, a law, 

25 regulation, order, or other requirement of a State, political 
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1 subdivision of a State, or Indian tribe is preempted if com2 plying with a requirement of the State, political subdivi3 sion, or tribe and a requirement of this chapter or a regu4 lation prescribed under this chapter is not possible. 

5 ‘‘(b) A law, regulation, order, or other requirement 

6 of a State, political subdivision of a State, or Indian tribe 

7 shall remain in effect if compatible with this chapter or 

8 any regulations prescribed under this chapter but more 

9 stringent.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 such chapter is amended by adding at the end the fol12 lowing:

‘‘5910. Jurisdiction over equipment controller. 

‘‘5911. Equipment inspection, repair, and maintenance. 

‘‘5912. Compliance with safety regulations. 

‘‘5913. Authority to inspect. 

‘‘5914. Penalties for retaliation. 

‘‘5915. Maintenance responsibility. 

‘‘5916. Compatibility of State laws.’’.

13 SEC. 11. IMPLEMENTING REGULATIONS. 

14 (a) FEDERAL REGULATIONS.—The Secretary of 

15 Transportation, after notice and opportunity for comment, 

16 shall issue regulations, as appropriate, implementing the 

17 provisions of this Act. The regulations shall be issued as 

18 part of the Federal Motor Carrier Safety Regulations. The 

19 implementing regulations shall include provisions to—

20 (1) identify controllers of equipment inter21 changed or intended for interchange; 
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1 (2) match such equipment readily to its con2 troller through a unique identifying number; 

3 (3) ensure that each equipment controller main4 tains a system of maintenance and repair records; 

5 (4) evaluate equipment controllers’ compliance 

6 with the Federal Motor Carrier Safety Regulations; 

7 (5) prohibit equipment controllers who fail to 

8 attain satisfactory compliance with such regulations 

9 from authorizing the placement of equipment on the 

10 public highways; 

11 (6) consider the effect that adequate mainte12 nance facilities may have on the resulting safe condi13 tion of equipment; 

14 (7) provide for a process by which motor car15 riers and agents may anonymously petition the Fed16 eral Motor Carrier Safety Administration to under17 take an investigation of a noncompliant equipment 

18 controller; 

19 (8) establish administrative procedures to re20 solve disputes arising under this Act, including the 

21 amendments made by this Act; and 

22 (9) establish the inspection and audit program 

23 5913(b) of title 49, United States Code. 

24 (b) DEADLINES.—The regulations required under 

25 subsection (a) shall be developed pursuant to a rulemaking 
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1 proceeding initiated within 120 days after the date of en2 actment of this Act and shall be issued not later than one 

3 year after such date of enactment. Effective on the date 

4 of enactment of this Act, and until such time as final regu5 lations are issued, no motor carrier or motor carrier agent 

6 may be issued a citation for violations on equipment inter7 changed (as defined in section 5901 of title 49, United 

8 States Code) to them except by the provisions of this Act. 

9 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated $7,000,000 

11 for each of fiscal years 2004, 2005, 2006, 2007, and 2008 

12 to the Federal Motor Carrier Safety Administration for 

13 the establishment and implementation of the inspection 

14 program under section 5913 of title 49, United States 

15 Code. 

16 SEC. 13. EFFECTIVE DATE. 

17 Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall 

18 be effective 30 days after the date of enactment of this 

19 Act.

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