Page:United States Statutes at Large Volume 106 Part 4.djvu/912

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106 STAT. 3648 PUBLIC LAW 102-548—OCT. 28, 1992 "(g) LIENS. — "(1) IN GENERAL.—If a carrier or person involved in the intermodal transportation of a loaded container or trailer for which a certification is required under subsection (a)(2) must under State law post bond or pay any fines, penalties, costs, expenses, or interest resulting from providing false or erroneous information in a written certification with respect to the container or trailer or the contents thereof to the initial carrier in violation of subsection (a)(3), the carrier or other person shall have a lien against such contents equivalent to the amount of such bond or fines, penalties, costs, expenses, or interest incurred by the carrier or other person until the carrier or other person has received a payment of such amount from the owner or beneficial owner of the contents or from the person responsible for making the certification. "(2) LIMITATIONS. — "(A) LIMITATION ON DISPOSITION OF CONTENTS.— A lien ^ under this subsection shall not authorize a carrier or other person to sell or otherwise dispose of the contents of a loaded container or tredler until the person who tendered the container or trailer to the initial carrier is given a reasonable opportunity to determine responsibility for the bond or fines, penalties, costs, expenses, or interest. "(B) TREATMENT OF CERTAIN OWNERS AND BENEFICIAL OWNERS.—For puiT>oses of this subsection, an owner or beneficial owner of the contents of a container or trailer or a person tendering a container or trailer to the initial carrier shall not be treated as a carrier or person involved in the intermodal transportation of the container or trailer. "(C) LIMITATION ON APPLICABILITY.— The provisions of this subsection and subsection (f)(2) shall not apply to a container or trailer the contents of which are perishable agricultural commodities (as such term is defined in the Perishable Agricultural Commodities Act, 1930). "(h) LIMITATION ON STATUTORY CONSTRUCTION. —This section shall not be construed as creating any obligation or responsibility for the person tendering the loaded container or trailer to the initial carrier to ensure mat the initial carrier or any other carrier involved in the intermodal transportation will comply with any State statutes or regulations prescribing weight limitations for highway transportation, beyond the requirements set forth in this section.". 49 USC 521. (b) ENFORCEMENT. — Section 521(b)(2)(A) of such title is amended by inserting "or which is a violation of section 508 of this title" after "Act of 1984". (c) DEFINITIONS.—Section 501(a) of such title is amended by adding at the end the following new paragraphs: "(4) 'beneficial owner* means a person who does not have title to property but has ownership rights in the property. For purposes of this paragraph, a trustee of property in transit from an overseas point of origin who is aomiciled in or is doing business in the United States shall be treated as a beneficial owner of such property. A carrier, agent of a carrier, broker, customs broker, fi-eight forwarder, warehouseman, or terminal operator providing or arranging for any portion of intermodal transportation of property shall in no case be a beneficial owner of such property, for purposes of this para-