Page:United States Statutes at Large Volume 110 Part 5.djvu/381

 PUBLIC LAW 104-291—OCT. 11, 1996 110 STAT. 3455 shall be conspicuously marked 'INTERMODAL CERTIFI- CATION'. "(7) APPLICABILITY.— Th is 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 "transportation 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 contents 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 subsection (d) as subsection (e) and by inserting after subsection (c) the following: "(d) LIABILITY TO OWNER OR BENEFICIAL OWNER.—I f— "(1) a person inaccurately trginsfers information on a certification 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 information 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 redesignated, 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:

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