2017 US Code
Title 49 - Transportation
Subtitle III - General and Intermodal Programs
Chapter 59 - Intermodal Safe Container Transportation
Sec. 5904 - State enforcement

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Citation 49 U.S.C. § 5904 (2017)
Section Name §5904. State enforcement
Section Text

(a) General.—A State may enact a law to permit the State or a political subdivision of the State—

(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person's having provided erroneous information in the certification in violation of section 5903(a) of this title; and

(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier.


(b) Limitation.—This chapter does not require a person tendering a loaded container or trailer to a first carrier to ensure that the first carrier or any other carrier involved in the intermodal transportation will comply with any State highway weight law or regulation, other than as required by this chapter.

Source Credit

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5904(a) 49:508(f).
5904(b) 49:508(h).

In subsection (a)(1), the words "false" and "written" are omitted as surplus and for consistency with section 5903(a) of the revised title.

In subsection (b), the words "does not require" are substituted for "shall not be construed as creating any obligation or responsibility for" to eliminate unnecessary words. The words "State highway weight law or regulation" are substituted for "State statutes or regulations prescribing weight limitations for highway transportation" for consistency with subsection (a) of this section and to eliminate unnecessary words.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 49 - TRANSPORTATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59 - INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5904 - State enforcement
Contains section 5904
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 108 Stat. 861
Public Law References Public Law 103-272
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