Page:United States Statutes at Large Volume 110 Part 5.djvu/382

 110 STAT. 3456 PUBLIC LAW 104-291—OCT. 11, 1996 "(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier— "(A) performs the highway portion of the intermodal movement; or "(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.". SEC. 205. PROHIBrnONS. Section 5903 (relating to prohibitions) is amended— (1) by inserting after "person" in subsection (a) a comma and the following: "To whom section 5902(b) applies,"; (2) by striking subsection (b) and inserting the following: " (b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.— "(1) PRESUMPTION.—I f no certification is received by a motor carrier before or when a loaded intermodal contedner or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. " (2) COPY OF CERTIFICATION NOT REQUIRED TO ACCOMPANY CONTAINER OR TRAILER. —Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer."; (3) by striking "10,000 pounds (including packing materials and pallets)" in subsection (c)(1) and inserting "29,000 pounds"; and (4) by adding at the end the following: "(d) NOTICE TO LEASED OPERATORS.— "(1) IN GENERAL.— I f a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of section 5902(b) would result in a violation of applicable State gross vehicle weight laws, then— "(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor ceirrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b); "(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer; "(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and "(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator. "(2) REIMBURSEMENT.— I f the operator of a leased vehicle transporting a container or trailer subject to this chapter is fined because of a violation of a State's gross vehicle weight laws or regulations and the lessee motor carrier cannot establish that it tendered to the operator the notice required by paragraph (1) of this subsection, then the operator shall be entitled to reimbursement from the motor carrier in the amount

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