Intermodal Safe Container Transportation Act of 1992
PL 102-548 (H.R.3598), enacted 10/28/1992

106 STAT. 3646 
PUBLIC LAW 102-548—OCT. 28, 1992 
Public Law 102-548 
102d Congress 
An Act 
Oct. 28, 1992 
To amend title 49, United States Code, to provide for verification of weights, 
[H.R. 3598] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Intermodal Safe the United States of America in Congress assembled. 
Container 
Transportation 
_ _ 
_ 
Act of 1992. 
SECTION 1. SHORT TITLE. 
49 use 501 note. 
^his Act may be cited as the "Intermodal Safe Container 
Transportation Act of 1992". 
SEC. 2. CERTIFICATION OF WEIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 5 of title 49, United 
States Code, is amended by adding at the end the following new 
section: 
*
*
§ 508. Certification of weights and description 
"(a) NOTIFICATION AND CERTIFICATION.— 
"(1) PRIOR NOTIFICATION.—Before the time any person 
tenders to an initial carrier any loaded container or trailer 
for intermodal transportation having a projected gross cargo 
weight (inclusive of packing material and pallets) of more than 
10,000 pounds, such person shall give such carrier written 
notification of such gross cargo weight and a reasonable descrip-
tion of the contents of the container or trailer. The notification 
may be transmitted electronically. 
"(2) CERTIFICATION.—^At or before the time of tendering 
to an initial carrier for intermodal transportation of a container 
or trailer to which paragraph (1) applies or of a loaded container 
or trailer having an actual gross cargo weight (inclusive of 
packing material and pallets) of more than 10,000 pounds, 
the person tendering the container or trailer shall certify to 
the carrier in writing the actual gross cargo weight and a 
reasonable description of the contents of the container or trailer. 
"(3) VIOLATION.—After the date on which the Secretary 
of Transportation issues final regulations to enforce this section, 
it shall be a violation of this section for any person tendering 
a loaded container or trailer to fail to comply with paragraph 
(1) or (2) or to provide false or erroneous information in a 
written certification required by paragraph (2). 
"(4) LIMITATION ON APPLICABILITY.—For purposes of this 
section, a carrier, agent of a carrier, broker, customs broker, 
freight forwarder, warehouseman, and terminal operator shall 
not be considered to be a person tendering a loaded container 
or trailer to an initial carrier, unless the carrier, agent, broker, 
customs broker, freight forwarder, warehouseman, or terminal 
operator assumes legal responsibility for the loading of property 
into the container or trailer. 
"(b) FORWARDING INFORMATION TO SUBSEQUENT CARRIERS.— 
PUBLIC LAW 102-548—OCT. 28, 1992 
106 STAT. 3647 
"(1) IN GENERAL.—^It shall be a violation of this section 
for a carrier, agent of a carrier, broker, customs broker, freight 
forwarder, warehouseman, or terminal operator to fail to for-
ward the certification of actual gross cargo weight and reason-
able description of the contents of a loaded container or trailer 
provided under subsection (aX2) to a subsequent carrier 
transporting 
the 
container 
or 
trailer 
in 
intermodal 
transportation. 
"(2) LIMITATION ON INTERPRETATION OF CARRIER FORWARD-
ING INFORMATION.—^^rhe forwarding of information under para-
fraph (1) by a carrier, agent of a carrier, broker, customs 
roker, flight forwarder, warehouseman, or terminal operator 
shall not constitute, or in any way be construed as, a verifica-
tion or affirmation by the carrier, agent, broker, customs broker, 
freight forwarder, warehouseman, or terminal operator of the 
accuracy or completeness of such information. 
"(c) UNLAWFUL COERCION.—It shall be unlawful— 
"(1) for any person to coerce or attempt to coerce a person 
participating in inteimodal transportation to transport a loaded 
container or trailer having an actual gross cargo weight of 
more than 10,000 pounds (inclusive of packing materials and 
pallets) before the certification required by subsection (aX2) 
has been provided; and 
"(2) for any person, knowing that the weight of the loaded 
container or trailer or tiie weight of the tractor-trailer combina-
tion carrying the container or trailer in intermodal transpor-
tation is in excess of that permitted by applicable State law, 
to coerce or attempt to coerce any carrier— 
"(A) to transport the container or trailer; or 
"(B) to operate the tractor-trailer combination; 
in violation of such law. 
"(d) DUTY OF MOTOR CARRIER.—It shall be imlawful for a 
motor carrier (as such term is defined in section 10102 of this 
title) to provide transportation of a loaded container or trailer 
to which subsection (a)(2) applies prior to receiving the certification 
required by subsection (aX2). 
"(e) LIMITATION ON APPLICABILITY TO CARRIERS.—The provi-
sions of subsections (a) and (c) shall not apply to a carrier when 
the carrier is transferring a loaded container or trailer to other 
carriers in the course of intermodal transportation, unless the car-
rier is also the person tendering the loaded container or trailer 
to the initial carrier. 
"(f) STATE ENFORCEMENT.—^A State is authorized to enact legis-
lation to enable the State or a political subdivision of the State— 
"(1) to assess fines and penalties for violations of State 
highway weight laws and regulations by a tractor-trailer com-
bination canying a loaded container or trailer for which a 
certification is required under subsection (aX2) against the 
person tendering to the initial carrier the loaded container 
or trailer; and 
"(2) to impound the container or trailer imtil such fines 
and penalties have b^een paid by the owners or beneficial owners 
of the contents of the container or trailer or the person ten-
dering the loaded container or trailer to the initial carrier; 
in any case in which the fines or penalties result from providing 
false or erroneous information in a written certification in violation 
of subsection (aX3). 
106 STAT. 3648 
PUBLIC LAW 102-548—OCT. 28, 1992 
"(g) LIENS.— 
"(1) IN GENERAL.—^If a carrier or person involved in the 
intermodal transi>ortation of a loaded container or trailer for 
which a certification is required under subsection (aX2) must 
under State law post bond or pay any fines, penalties, costs, 
expenses, or interest resulting from providing false or erroneous 
information in a written certification with respect to the con-
tainer or trailer or the contents thereof to the initial carrier 
in violation of subsection (aX3), the carrier or other person 
shall have a lien against such contents equivalent to the amount 
of such bond or fines, penalties, costs, expenses, or interest 
incurred by the carrier or other person until the carrier or 
other person has received a payment of such amount from 
the owner or beneficial owner of the contents or from the 
person responsible for making the certification. 
"(2) LIMITATIONS.— 
"(A) LIMITATION ON DISPOSITION OF CONTENTS.—A lien 
^ 
under this subsection shall not authorize a carrier or other 
person to sell or otherwise dispose of the contents of a 
loaded container or tredler until the person who tendered 
the container or trailer to the initial carrier is given a 
reasonable opportunity to determine responsibility for the 
bond or fines, penalties, costs, expenses, or interest. 
"(B) TREATMENT OF CERTAIN OWNERS AND BENEFICIAL 
OWNERS.—^For puiT>oses of this subsection, an owner or 
beneficial owner of the contents of a container or trailer 
or a person tendering a container or trailer to the initial 
carrier shall not be treated as a carrier or person involved 
in the intermodal transportation of the container or trailer. 
"(C) LIMITATION ON APPLICABILITY.—The provisions of 
this subsection and subsection (fX2) shall not apply to 
a container or trailer the contents of which are perishable 
agricultural commodities (as such term is defined in the 
Perishable Agricultural Commodities Act, 1930). 
"(h) LIMITATION ON STATUTORY CONSTRUCTION.—This section 
shall not be construed as creating any obligation or responsibility 
for the person tendering the loaded container or trailer to the 
initial carrier to ensure mat the initial carrier or any other carrier 
involved in the intermodal transportation will comply with any 
State statutes or regulations prescribing weight limitations for high-
way transportation, beyond the requirements set forth in this 
section.". 
49 use 521. 
(b) ENFORCEMENT.—Section 521(bX2XA) of such title is 
amended by inserting "or which is a violation of section 508 of 
this title" after "Act of 1984". 
(c) DEFINITIONS.—Section 501(a) of such title is amended by 
adding at the end the following new paragraphs: 
"(4) 'beneficial owner* means a person who does not have 
title to property but has ownership rights in the property. 
For purposes of this paragraph, a trustee of property in transit 
fi'om an overseas point of origin who is aomiciled in or is 
doing business in the United States shall be treated as a 
beneficial owner of such property. A carrier, agent of a carrier, 
broker, customs broker, fi-eight forwarder, warehouseman, or 
terminal operator providing or arranging for any portion of 
intermodal transportation of property shall in no case be a 
beneficial owner of such property, for purposes of this para-
PUBLIC LAW 102-548—OCT. 28, 1992 
106 STAT. 3649 
graph, solely by reason of providing or arranging for such 
transportation. 
"(5) 'carrier' means— 
"(A) a motor carrier, water carrier, and rail carrier 
(as such terms are defined in section 10102 of this title), 
and 
"(B) an ocean common carrier (as such term is defined 
in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 
1702)), 
providing transportation of property in commerce. 
"(6) 'container* has the meaning given the term 'freight 
container* by the International Standards Organization in 
Series 1, Freight Containers, 3rd Edition (reference number 
IS0668-1979(E)), including successive revisions thereto, and 
similar containers that are used in providing transportation 
in interstate commerce. 
"(7) Initial carriier* means the first carrier transporting 
a loaded container or trailer in intermodal transportation. 
"(8) 'intermodal transportation' means successive carriage 
of a loaded container or trailer firom an origin point to a 
destination point by more than one mode of transportation 
in interstate or foreign commerce. Such term shall include 
carriage by more than one mode of transportation in interstate 
or foreign commerce both under a single bill of lading and 
under separate bills of lading. 
"(9) trailer* means a nonpower, cargo carrying, trailing 
unit which is designed for use in combination wim a truck 
tractor.". 
(d) REGULATiONS.^The Secretary shall initiate a proceeding 
49 use 508 note. 
to issue regulations to enforce section 508 of title 49, United States 
Code, within 180 days after the date of the enactment of this 
Act and shall issue final regulations within 270 days after such 
date of enactment. The Secretary may establish, by regulation, 
exemptions to such regulations that are in the pubUc interest and 
consistent with the purposes of this Act. 
(e) CONFORMING AMENDMENT TO CHAPTER ANALYSIS.—The 
analysis for subchapter I of chapter 105 of title 49, United States 
Code, is amended oy adding at the end the following new item: 
"508. Certification of weij^ts and description.". 
SEC. 3. DATA COLLECTION NEEDS. 
49 USC 508 note. 
(a) STUDY.—^The Secretary of Transportation shall conduct a 
study for the purpose o
f
— 
(1) assessing— 
(A) existing data and data collection needs with respect 
to the movement in intermodal transportation of loaded 
containers and trailers (including containers and trailers 
containing perishable agricultural commodities) in violation 
of section 508 of title 49, United States Code, and State 
highway motor vehicle weight laws; 
(B) the legal and practical impediments to the collec-
tion of such data; and 
(C) how these intermodal movements compare with 
other overweight domestic highway fi^ight movements; and 
(2) providing legislative and other recommendations for 
improving the collection of such data. 
106 STAT. 3650 
PUBLIC LAW 102-548—OCT. 28, 1992 
(b) CONSULTATION.—In carrying out the study under this sec-
tion, the Secretary of Transportation shall consult with the States 
and shippers, carriers, port authorities, and other persons involved 
in the intermodal transportation of loaded containers and trailers. 
(c) REPORT.—^Not later tiian 2 years after the date of the enact-
ment of this Act, the Secretary of Transportation shall transmit 
to the Conmiittee on Public Works and Transportation, the Commit-
tee on Ener^ and Conunerce, and the Committee on Merchant 
Marine and Fisheries of the House of Representatives £uid to the 
appropriate committees of the Senate a report on the results of 
the study conducted imder this section, together with the rec-
ommendations referred to in subsection (a). 
Approved October 28, 1992. 
LEGISLATIVE HISTORY—H.R. 3598: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 4, considered and passed House. 
Oct. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 28, Presidential statement.