Page:United States Statutes at Large Volume 106 Part 4.djvu/910

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106 STAT. 3646 PUBLIC LAW 102-548—OCT. 28, 1992 Public Law 102-548 102d Congress An Act Oct. 28, 1992 To amend title 49, United States Code, to provide for verification of weights, [H.R. 3598] and for other purposes. Be it enacted by the Senate and House of Representatives of Intermodal Safe the United States of America in Congress assembled. Container Transportation _ _ _ Act of 1992. SECTION 1. SHORT TITLE. 49 USC 501 note. ^his Act may be cited as the "Intermodal Safe Container Transportation Act of 1992". SEC. 2. CERTIFICATION OF WEIGHTS. (a) IN GENERAL.— Subchapter I of chapter 5 of title 49, United States Code, is amended by adding at the end the following new section:

    • § 508. Certification of weights and description

"(a) NOTIFICATION AND CERTIFICATION.— "(1) PRIOR NOTIFICATION. —Before the time any person tenders to an initial carrier any loaded container or trailer for intermodal transportation having a projected gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds, such person shall give such carrier written notification of such gross cargo weight and a reasonable description of the contents of the container or trailer. The notification may be transmitted electronically. "(2) CERTIFICATION. —At or before the time of tendering to an initial carrier for intermodal transportation of a container or trailer to which paragraph (1) applies or of a loaded container or trailer having an actual gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds, the person tendering the container or trailer shall certify to the carrier in writing the actual gross cargo weight and a reasonable description of the contents of the container or trailer. "(3) VIOLATION.—After the date on which the Secretary of Transportation issues final regulations to enforce this section, it shall be a violation of this section for any person tendering a loaded container or trailer to fail to comply with paragraph (1) or (2) or to provide false or erroneous information in a written certification required by paragraph (2). "(4) LIMITATION ON APPLICABILITY. — For purposes of this section, a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouseman, and terminal operator shall not be considered to be a person tendering a loaded container or trailer to an initial carrier, unless the carrier, agent, broker, customs broker, freight forwarder, warehouseman, or terminal operator assumes legal responsibility for the loading of property into the container or trailer. "(b) FORWARDING INFORMATION TO SUBSEQUENT CARRIERS.—