Page:United States Statutes at Large Volume 108 Part 2.djvu/144

 108 STAT. 860 PUBLIC LAW 103-272—JULY 5, 1994 (5) "first carrier" means the first carrier transporting a loaded container or trailer in intermodal transportation. (6) "intermodal transportation" means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or under separate bills of lading. (7) "trailer" means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor, § 5902. Notifications and certiHcations (a) PRIOR NOTIFICATION.—Before a person tenders to a first carrier for intermodal transportation a loaded container or trailer having a projected gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall give the carrier a written notification of the gross cargo weight and a reasonable description of the contents of the container or trailer. The notification may be transmitted electronically. (b) CERTIFICATION.—Not later than when a person tenders to a first carrier for intermodal transportation a container or trailer to which subsection (a) of this section applies or a loaded container or trailer having an actual gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall certify to the carrier in writing the actual gross cargo weight and a reasonable description of the contents of the container or trailer. (c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.— A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator shall forward the certification provided under subsection (b) of this section to a subsequent carrier transporting the container or trailer in intermodal transportation. The act of forwarding the certification may not be construed as a verification or affirmation of the accuracy or completeness of the information in the certification. (d) NONAPPLICATION. —(1) Subsections (a) and (b) of this section and section 5903(c) of this title do not apply to a carrier when the carrier is transferring a loaded container or trailer to another carrier during intermodal transportation, unless the carrier is also the person tendering the loaded container or trailer to the first carrier. (2) A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is deemed not to be a person tendering a loaded container or trailer to a first carrier under this section, unless the carrier, agent, broker, customs broker, freight forwarder, warehouser, or terminal operator assumes legal responsibility for loading property into the container or trailer. §5903. Prohibitions (a) PROVIDING ERRONEOUS INFORMATION.^A person tendering a loaded container or trailer may not provide erroneous information in a certification required by section 5902(b) of this title. (b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.— A motor carrier may not transport a loaded container or trailer to which section 5902(b) of this title applies before receiving the certification required by section 5902(b). (c) UNLAWFUL COERCION. — (1) A person may not coerce or attempt to coerce a person participating in intettnodal transpor-

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