I 

109TH CONGRESS 

1ST SESSION H. R. 1296

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 

MARCH 15, 2005

Mr. BROWN of South Carolina 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 2005’’. 

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) RESPONSIBILITY OF EQUIPMENT CON4 TROLLER.—Notwithstanding any provision in an equip5 ment interchange agreement to the contrary, an equip6 ment controller shall be responsible and held liable for the 

7 systematic inspection, maintenance, and repair of equip8 ment interchanged or intended for interchange. An equip9 ment controller shall inspect, each time prior to offering 

10 a motor carrier agent the equipment for interchange, the 

11 equipment and provide such maintenance on, and make 

12 such repairs to, the equipment to ensure such equipment 

13 complies with all applicable Federal Motor Carrier Safety 

14 Regulations at all times. At no time shall a motor carrier 

15 agent be offered equipment that has not been inspected 

16 and repaired as necessary to comply with such regulations. 

17 ‘‘(b) REIMBURSEMENT OF MOTOR CARRIER.—In the 

18 event that a repair to the equipment interchanged is re19 quired while in a motor carrier’s possession in order to 

20 comply with the Federal Motor Carrier Safety Regula21 tions, the equipment controller shall promptly reimburse 

22 the motor carrier for the actual expenses incurred and 

23 time spent by the motor carrier for the necessary repair. 

24 ‘‘(c) LIMITATION ON LIABILITY.—The equipment 

25 controller shall not be liable under subsection (b) if the 
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1 motor carrier’s negligence or willful misconduct caused the 

2 condition requiring repair under subsection (b).’’. 

3 SEC. 6. SAFETY COMPLIANCE. 

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

5 amended by adding at the end the following: 

6 ‘‘§ 5912. Compliance with safety regulations 

7 ‘‘(a) EQUIPMENT CONTROLLER LIABILITY.—Not8 withstanding any provision in an equipment interchange 

9 agreement to the contrary, the equipment controller shall 

10 be liable for all violations of the Federal Motor Carrier 

11 Safety Regulations attributable to the controller’s equip12 ment and shall pay any applicable fines, penalties, and 

13 damages resulting from the equipment’s violation of such 

14 regulations; except that the equipment controller shall not 

15 be liable for violations of such regulations attributable to 

16 the controller’s equipment that are proximately caused by 

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

18 or willful misconduct. 

19 ‘‘(b) MOTOR CARRIER’S LIMITED LIABILITY.—Ex20 cept as provided in subsection (a), a motor carrier and 

21 any motor carrier agent who receives equipment through 

22 interchange shall not be liable for any violation of the Fed23 eral Motor Carrier Safety Regulations attributable to that 

24 equipment. 
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1 ‘‘(c) LIMITATION ON EFFECT.—No record or report 

2 of a violation of the Federal Motor Carrier Safety Regula3 tions, whether issued by a Federal, State, or local law en4 forcement authority, attributable to equipment inter5 changed shall have any effect on a motor carrier’s overall 

6 safety rating or safety status measurement system score, 

7 as determined by the Federal Motor Carrier Safety Ad8 ministration, or on a motor carrier’s agent’s driving record 

9 unless such violation was proximately caused by the motor 

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

11 misconduct. 

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

13 The Secretary of Transportation shall establish, within 6 

14 months of the date of enactment of this section, an expe15 dited procedure to correct records or reports of violations 

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

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

18 SEC. 7. AUTHORITY TO INSPECT. 

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

20 amended by adding at the end the following: 

21 ‘‘§ 5913. Authority to inspect 

22 ‘‘(a) ENTRY INTO FACILITY.—The Secretary of 

23 Transportation is authorized to enter into the facility of 

24 an equipment controller to inspect and determine if equip25 ment intended to be interchanged for use on a public high-
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1 way complies with all applicable Federal Motor Carrier 

2 Safety Regulations. 

3 ‘‘(b) INSPECTION AND AUDIT PROGRAM.—The Sec4 retary shall establish and implement with appropriate 

5 staffing an inspection and audit program at facilities of 

6 equipment controllers to determine the compliance of 

7 equipment intended to be interchanged for use on a public 

8 highway with the Federal Motor Carrier Safety Regula9 tions. Inspection of equipment and the equipment’s cor10 responding maintenance records shall take place no less 

11 than once every 3 months. 

12 ‘‘(c) OUT-OF-SERVICE EQUIPMENT.—Equipment 

13 that fails to comply with the Federal Motor Carrier Safety 

14 Regulations during the inspection in subsection (b) shall 

15 be placed out of service and shall not be used on a public 

16 highway until such time as repairs have been completed. 

17 Repairs of equipment placed out of service shall be docu18 mented in the equipment’s corresponding maintenance 

19 records. 

20 ‘‘(d) FINES.—The Secretary may establish fines 

21 against equipment controllers for violations of section 

22 5911.’’. 

23 SEC. 8. PENALTIES FOR RETALIATION. 

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

25 amended by adding at the end the following: 
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1 ‘‘§ 5914. Penalties for retaliation 

2 ‘‘(a) IN GENERAL.—An equipment controller shall 

3 not take any action to threaten, coerce, discipline, dis4 criminate, or otherwise retaliate against a motor carrier 

5 or motor carrier agent who requests maintenance or repair 

6 of equipment intended for interchange in order to comply 

7 with the Federal Motor Carrier Safety Regulations. 

8 ‘‘(b) RETALIATION DEFINED.—For purposes of this 

9 section, the term ‘retaliation’ includes failing to provide 

10 compliant equipment within 60 minutes from the time an 

11 agent for a motor carrier that has been requested to pick 

12 up equipment arrives to pick up such equipment. 

13 ‘‘(c) CIVIL PENALTY.—An equipment controller who 

14 violates subsection (a) shall be liable to the United States 

15 Government for a civil penalty of up to $10,000 for each 

16 violation.’’. 

17 SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. 

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

19 amended by adding at the end the following: 

20 ‘‘§ 5915. Maintenance responsibility 

21 ‘‘An equipment controller is prohibited from dele22 gating its responsibility to systematically maintain and re23 pair equipment intended for interchange to a motor car24 rier or motor carrier agent in an equipment interchange 

25 agreement.’’. 
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1 SEC. 10. COMPATIBILITY OF STATE LAWS. 

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

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

4 following: 

5 ‘‘§ 5916. Compatibility of State laws 

6 ‘‘(a) PREEMPTION.—Except as provided in sub7 section (b) and unless authorized by another law of the 

8 United States, a law, regulation, order, or other require9 ment of a State, political subdivision of a State, or Indian 

10 tribe is preempted if complying with a requirement of the 

11 State, political subdivision, or tribe and a requirement of 

12 this chapter or a regulation prescribed under this chapter 

13 is not possible. 

14 ‘‘(b) COMPATIBLE LAWS.—A law, regulation, order, 

15 or other requirement of a State, political subdivision of 

16 a State, or Indian tribe shall remain in effect if compatible 

17 with this chapter or any regulations prescribed under this 

18 chapter but more stringent.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 such chapter is amended by adding at the end the fol21 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.’’.
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1 SEC. 11. IMPLEMENTING REGULATIONS. 

2 (a) FEDERAL REGULATIONS.—The Secretary of 

3 Transportation, after notice and opportunity for comment, 

4 shall issue regulations, as appropriate, implementing the 

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

6 part of the Federal Motor Carrier Safety Regulations. The 

7 implementing regulations shall include provisions to—

8 (1) identify controllers of equipment inter9 changed or intended for interchange; 

10 (2) match such equipment readily to its con11 troller through a unique identifying number; 

12 (3) ensure that each equipment controller main13 tains a system of maintenance and repair records; 

14 (4) evaluate equipment controllers’ compliance 

15 with the Federal Motor Carrier Safety Regulations; 

16 (5) prohibit equipment controllers who fail to 

17 attain satisfactory compliance with such regulations 

18 from authorizing the placement of equipment on the 

19 public highways; 

20 (6) consider the effect that adequate mainte21 nance facilities may have on the resulting safe condi22 tion of equipment; 

23 (7) provide for a process by which motor car24 riers and agents may anonymously petition the Fed25 eral Motor Carrier Safety Administration to under-
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1 take an investigation of a noncompliant equipment 

2 controller; 

3 (8) establish administrative procedures to re4 solve disputes arising under this Act, including the 

5 amendments made by this Act; and 

6 (9) establish the inspection and audit program 

7 5913(b) of title 49, United States Code. 

8 (b) DEADLINES.—The regulations required under 

9 subsection (a) shall be developed pursuant to a rulemaking 

10 proceeding initiated within 120 days after the date of en11 actment of this Act and shall be issued not later than one 

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

13 of enactment of this Act, and until such time as final regu14 lations are issued, no motor carrier or motor carrier agent 

15 may be issued a citation for violations on equipment inter16 changed (as defined in section 5901 of title 49, United 

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

18 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

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

20 for each of fiscal years 2005, 2006, 2007, 2008, and 2009 

21 to the Federal Motor Carrier Safety Administration for 

22 the establishment and implementation of the inspection 

23 program under section 5913 of title 49, United States 

24 Code. 
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1 SEC. 13. EFFECTIVE DATE. 

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

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

4 Act.

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