I 
108TH CONGRESS 
1ST SESSION H. R. 2863
To amend title 49, United States Code, relating to responsibility for inter-
modal equipment compliance with commercial motor vehicle safety re-
quirements, 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 responsi-
bility for intermodal equipment compliance with commer-
cial motor vehicle safety requirements, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Intermodal Equipment 
Safety and Responsibility Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) Promoting safety on our Nation’s highways 
is a national priority. The Department of Transpor-
tation has promulgated the Federal Motor Carrier 
Safety Regulations to further this purpose. The sys-
tematic maintenance, repair, and inspection of 
equipment traveling in interstate commerce are an 
integral part of the safety regime. 
(2) Intermodal transportation plays a signifi-
cant role in expanding our Nation’s commerce. The 
Nation’s economy depends heavily upon the ability 
to transport goods via the various modes of trans-
portation. 
(3) Motor carriers and their drivers often re-
ceive trailers, chassis, containers and other pieces of 
intermodal equipment to be transported in interstate 
commerce. Motor carriers do not, however, possess 
the requisite level of control or authority over this 
intermodal equipment to perform the systematic 
maintenance, repair and inspection necessary to en-
sure compliance with the Federal Motor Carrier 
Safety Regulations and to ensure the safety of our 
Nation’s highways. 
(4) As a result of roadside inspections, motor 
carriers and their drivers are cited and fined for vio-
lations of the Federal Motor Carrier Safety Regula-
tions attributable to intermodal equipment that 
motor carriers and their drivers neither systemati-
cally maintain nor have the opportunity to system-
atically maintain. Additionally, violations of the Fed-
eral Motor Carrier Safety Regulations attributable 
to intermodal equipment are assigned to the motor 
carrier’s safety record. Congress should exercise its 
power to ensure that only those parties who control 
the equipment, thus having the opportunity and au-
thority to systematically maintain, repair and in-
spect intermodal equipment, assume responsibility 
for the safety of that equipment as it travels in 
interstate commerce. 
SEC. 3. DEFINITIONS. 
Section 5901 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(9) MOTOR CARRIER.—The term ‘motor car-
rier’ means a person providing motor vehicle trans-
portation for compensation or a motor private car-
rier as that term is defined in chapter 131 of this 
title. 
‘‘(10) EQUIPMENT.—The term ‘equipment’ 
means equipment commonly used in the road trans-
port of intermodal freight, including trailers, chassis,
containers and associated devices, and used as an in-
strumentality of foreign or interstate commerce. 
‘‘(11) 
EQUIPMENT
INTERCHANGE
AGREE-
MENT.—The term ‘equipment interchange agree-
ment’ means a written document executed by an 
equipment controller or its agent and a motor car-
rier which establishes the responsibilities and liabil-
ities of both parties as they relate to the interchange 
of the equipment. 
‘‘(12) EQUIPMENT
CONTROLLER.—The term 
‘equipment controller’ means any party with any 
legal right, title, or interest in the equipment, except 
that a motor carrier is not an equipment controller 
only because of providing or arranging for any part 
of the intermodal transportation of the equipment. 
In no instance shall a motor carrier who has not 
been contractually delegated responsibility for sys-
tematic maintenance and repair of equipment be 
considered a controller of that equipment. 
‘‘(13) INTERCHANGE.—The term ‘interchange’ 
means the act of providing equipment to a motor 
carrier for the purpose of transporting the equip-
ment for loading or unloading by any party or repo-
sitioning the equipment for the benefit of the equip-
ment controller. Such term does not mean the leas-
ing of equipment to a motor carrier for use in the 
motor carrier’s over-the-road freight hauling oper-
ations. 
‘‘(14) FEDERAL MOTOR CARRIER SAFETY REG-
ULATIONS.—The term ‘Federal Motor Carrier Safety 
Regulations’ means the regulations promulgated by 
the United States Department of Transportation 
governing the condition and maintenance of commer-
cial motor vehicles as set forth in title 49 of the 
Code of Federal Regulations.’’. 
SEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘§ 5910. Jurisdiction over equipment controller 
‘‘The authority of the Secretary of Transportation to 
prescribe regulations on commercial motor vehicle safety 
under section 31136 shall apply to controllers of equip-
ment that is interchanged or intended to be inter-
changed.’’. 
SEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following:
‘‘§ 5911. Equipment inspection, repair, and mainte-
nance 
‘‘(a) Notwithstanding any provision in an equipment 
interchange agreement to the contrary, an equipment con-
troller shall be responsible and held liable for the system-
atic inspection, maintenance, and repair of equipment 
interchanged or intended for interchange. An equipment 
controller shall, each time prior to offering a motor carrier 
agent the equipment for interchange, inspect the equip-
ment and provide such maintenance on, and make such 
repairs to, the equipment to ensure such equipment com-
plies with all applicable Federal Motor Carrier Safety Reg-
ulations at all times. At no time shall a motor carrier 
agent be offered equipment that has not been inspected 
and repaired as necessary to comply with such regulations. 
‘‘(b) In the event that a repair to the equipment 
interchanged is required while in a motor carrier’s posses-
sion in order to comply with the Federal Motor Carrier 
Safety Regulations, the equipment controller shall prompt-
ly reimburse the motor carrier for the actual expenses in-
curred and time spent by the motor carrier for the nec-
essary repair. 
‘‘(c) The equipment controller shall not be liable 
under subsection (b) if the motor carrier’s negligence or 
willful misconduct caused the condition requiring repair 
under subsection (b).’’.
SEC. 6. SAFETY COMPLIANCE. 
Chapter 59 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘§ 5912. Compliance with safety regulations 
‘‘(a) EQUIPMENT CONTROLLER LIABILITY.—Not-
withstanding any provision in an equipment interchange 
agreement to the contrary, the equipment controller shall 
be liable for all violations of the Federal Motor Carrier 
Safety Regulations attributable to the controller’s equip-
ment and shall pay any applicable fines, penalties, and 
damages resulting from the equipment’s violation of such 
regulations; except that the equipment controller shall not 
be liable for violations of such regulations attributable to 
the controller’s equipment that are proximately caused by 
the motor carrier’s or motor carrier’s agent’s negligence 
or willful misconduct. 
‘‘(b) MOTOR CARRIER’S LIMITED LIABILITY.—Ex-
cept as provided in subsection (a), a motor carrier and 
any motor carrier agent who receives equipment through 
interchange shall not be liable for any violation of the Fed-
eral Motor Carrier Safety Regulations attributable to that 
equipment. 
‘‘(c) LIMITATION ON EFFECT.—No record or report 
of a violation of the Federal Motor Carrier Safety Regula-
tions, whether issued by a Federal, State, or local law en-
forcement authority, attributable to equipment inter-