Page:United States Statutes at Large Volume 106 Part 4.djvu/911

 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 forward the certification of actual gross cargo weight and reasonable description of the contents of a loaded container or trailer provided under subsection (a)(2) 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 paragraph (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 verification 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. —I t 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 (a)(2) has been provided; and "(2) for any person, knowing that the weight of the loaded container or trailer or the weight of the tractor-trailer combination carrying the container or trailer in intermodal transportation 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 (a)(2). "(e) LIMITATION ON APPLICABILITY TO CARRIERS. — The provisions 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 carrier is also the person tendering the loaded container or trailer to the initial carrier. "(f) STATE ENFORCEMENT.—^A State is authorized to enact legislation 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 combination carrying a loaded container or trailer for which a certification is required under subsection (a)(2) against the person tendering to the initial carrier the loaded container or trailer; and "(2) to impound the container or trailer until 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 tendering 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 (a)(3).

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