H. R. 3159—3
(1) by striking ‘‘Before a person tenders to a first carrier
for intermodal transportation a’’ and inserting ‘‘If the first
carrier to which any’’;
(2) by striking ‘‘10,000 pounds (including packing material
and pallets), the person shall give the carrier a written’’ and
inserting ‘‘29,000 pounds is tendered for intermodal transpor-
tation is a motor carrier, the person tendering the container
or trailer shall give the motor carrier a’’;
(3) by striking ‘‘trailer.’’ and inserting ‘‘trailer before the
tendering of the container or trailer.’’;
(4) by striking ‘‘electronically.’’ and inserting ‘‘electronically
or by telephone.’’; and
(5) by adding at the end thereof the following: ‘‘This sub-
section applies to any person within the United States who
tenders a container or trailer subject to this chapter for inter-
modal transportation if the first carrier is a motor carrier.’’.
(b) CERTIFICATION.—Subsection (b) of section 5902 (relating
to certification) is amended to read as follows:
‘‘(b) CERTIFICATION.—
‘‘(1) IN GENERAL.—A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds to a first carrier for intermodal transportation
shall provide a certification of the contents of the container
or trailer in writing, or electronically, before or when the con-
tainer or trailer is so tendered.
‘‘(2) 
CONTENTS
OF
CERTIFICATION.—The 
certification
required by paragraph (1) shall include—
‘‘(A) the actual gross cargo weight;
‘‘(B) a reasonable description of the contents of the
container or trailer;
‘‘(C) the identity of the certifying party;
‘‘(D) the container or trailer number; and
‘‘(E) the date of certification or transfer of data to
another document, as provided for in paragraph (3).
‘‘(3) TRANSFER
OF
CERTIFICATION
DATA.—A carrier who
receives a certification may transfer the information contained
in the certification to another document or to electronic format
for forwarding to a subsequent carrier. The person transferring
the information shall state on the forwarded document the
date on which the data was transferred and the identity of
the party who performed the transfer.
‘‘(4) SHIPPING DOCUMENTS.—For purposes of this chapter,
a shipping document, prepared by the person who tenders
a container or trailer to a first carrier, that contains the
information required by paragraph (2) meets the requirements
of paragraph (1).
‘‘(5) USE OF ‘FREIGHT ALL KINDS’ TERM.—The term ‘Freight
All Kinds’ or ‘FAK’ may not be used for the purpose of certifi-
cation under section 5902(b) after December 31, 2000, as a
commodity description for a trailer or container if the weight
of any commodity in the trailer or container equals or exceeds
20 percent of the total weight of the contents of the trailer
or container. This subsection does not prohibit the use of the
term after that date for rating purposes.
‘‘(6) SEPARATE DOCUMENT MARKING.—If a separate docu-
ment is used to meet the requirements of paragraph (1), it
H. R. 3159—4
shall be conspicuously marked ‘INTERMODAL CERTIFI-
CATION’.
‘‘(7) APPLICABILITY.—This subsection applies to any person,
domestic or foreign, who first tenders a container or trailer
subject to this chapter for intermodal transportation within
the United States.’’.
(c) FORWARDING CERTIFICATIONS.—Subsection (c) of section
5902 (relating to forwarding certifications to subsequent carriers)
is amended—
(1) by striking ‘‘transportation.’’ and inserting ‘‘transpor-
tation before or when the loaded intermodal container or trailer
is tendered to the subsequent carrier. If no certification is
received by the subsequent carrier before or when the container
or trailer is tendered to it, the subsequent carrier may presume
that no certification is required.’’; and
(2) by adding at the end thereof the following: ‘‘If a person
inaccurately transfers the information on the certification, or
fails to forward the certification to a subsequent carrier, then
that person is liable to any person who incurs any bond, fine,
penalty, cost (including storage), or interest for any such fine,
penalty, cost (including storage), or interest incurred as a result
of the inaccurate transfer of information or failure to forward
the certification. A subsequent carrier who incurs a bond, fine,
penalty, or cost (including storage), or interest as a result
of the inaccurate transfer of the information, or the failure
to forward the certification, shall have a lien against the con-
tents of the container or trailer under section 5905 in the
amount of the bond, fine, penalty, or cost (including storage),
or interest and all court costs and legal fees incurred by the
carrier as a result of such inaccurate transfer or failure.’’.
(d) LIABILITY.—Section 5902 is amended by redesignating sub-
section (d) as subsection (e) and by inserting after subsection (c)
the following:
‘‘(d) LIABILITY TO OWNER OR BENEFICIAL OWNER.—If—
‘‘(1) a person inaccurately transfers information on a certifi-
cation required by subsection (b)(1), or fails to forward a
certification to the subsequent carrier;
‘‘(2) as a result of the inaccurate transfer of such informa-
tion or a failure to forward a certification, the subsequent
carrier incurs a bond, fine, penalty, or cost (including storage),
or interest; and
‘‘(3) that subsequent carrier exercises its rights to a lien
under section 5905,
then that person is liable to the owner or beneficial owner, or
to any other person paying the amount of the lien to the subsequent
carrier, for the amount of the lien and all costs related to the
imposition of the lien, including court costs and legal fees incurred
in connection with it.’’.
(e) NONAPPLICATION.—Subsection (e) of section 5902, as redesig-
nated, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively, and by moving the text of paragraph
(2), as so redesignated down 1 line and to the left, flush full
measure and indenting such paragraph; and
(2) by inserting before paragraph (2), as redesignated, the
following:
H. R. 3159—5
‘‘(1) The notification and certification requirements of sub-
sections (a) and (b) of this section do not apply to any inter-
modal container or trailer containing consolidated shipments
loaded by a motor carrier if that motor carrier—
‘‘(A) performs the highway portion of the intermodal
movement; or
‘‘(B) assumes the responsibility for any weight-related
fine or penalty incurred by any other motor carrier that
performs a part of the highway transportation.’’.
SEC. 205. PROHIBITIONS.
Section 5903 (relating to prohibitions) is amended—
(1) by inserting after ‘‘person’’ in subsection (a) a comma
and the following: ‘‘To whom section 5902(b) applies,’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—
‘‘(1) PRESUMPTION.—If no certification is received by a
motor carrier before or when a loaded intermodal container
or trailer is tendered to it, the motor carrier may presume
that the gross cargo weight of the container or trailer is less
than 29,001 pounds.
‘‘(2) COPY OF CERTIFICATION NOT REQUIRED TO ACCOMPANY
CONTAINER OR TRAILER.—Notwithstanding any other provision
of this chapter to the contrary, a copy of the certification
required by section 5902(b) is not required to accompany the
intermodal container or trailer.’’;
(3) by striking ‘‘10,000 pounds (including packing materials
and pallets)’’ in subsection (c)(1) and inserting ‘‘29,000 pounds’’;
and
(4) by adding at the end the following:
‘‘(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 certification 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 trailer 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 operator 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 required 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 carrier cannot estab-
lish that it tendered to the operator the notice required by
paragraph (1) of this subsection, then the operator shall be
entitled to reimbursement from the motor carrier in the amount
H. R. 3159—6
of any fine and court costs resulting from the failure of the
motor carrier to tender the notice to the operator.’’.
SEC. 206. LIENS.
Section 5905 (relating to liens) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) GENERAL.—If a person involved in the intermodal transpor-
tation of a loaded container or trailer for which a certification
is required by section 5902(b) of this title 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;
‘‘(2) the failure of the party required to provide the certifi-
cation 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 certifi-
cation, or transferring the information from the certification to
another document.’’;
(2) by inserting a comma and ‘‘or the owner or beneficial
owner of the contents,’’ after ‘‘first carrier’’ in subsection (b)(1);
and
(3) by striking ‘‘cost, or interest.’’ in subsection (b)(1) and
inserting ‘‘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.’’.
SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES.
Section 5906 (relating to perishable agricultural commodities)
is amended by striking ‘‘Sections 5904(a)(2) and 5905 of this title
do’’ and inserting ‘‘Section 5905 of this title does’’.
SEC. 208. EFFECTIVE DATE.
(a) IN GENERAL.—Section 5907 (relating to regulations and
effective date) is amended to read as follows:
‘‘§ 5907. Effective date
‘‘This chapter shall take effect 180 days after the date of enact-
ment of the Intermodal Safe Container Transportation Amendments
Act of 1996.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
59 is amended by striking the item relating to section 5907 and
inserting the following:
‘‘5907. Effective date.’’.
H. R. 3159—7
SEC. 209. RELATIONSHIP TO OTHER LAWS.
(a) IN GENERAL.—Chapter 59 is amended by adding at the
end thereof the following:
‘‘§ 5908. Relationship to other laws
‘‘Nothing in this chapter affects—
‘‘(1) chapter 51 (relating to transportation of hazardous
material) or the regulations promulgated under that chapter;
or
‘‘(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.’’.
(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is amended by adding at the end thereof the following:
‘‘5908. Relationship to other laws.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.