State enforcement — Us Code Code § 5904

Us Code Code § 5904 — State enforcement. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.

§ 5904. State enforcement

(a) General.—A State may enact a law to permit the State or a political subdivision of the State—

(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person's having provided erroneous information in the certification in violation of section 5903(a) of this title; and

(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier.


(b) Limitation.—This chapter does not require a person tendering a loaded container or trailer to a first carrier to ensure that the first carrier or any other carrier involved in the intermodal transportation will comply with any State highway weight law or regulation, other than as required by this chapter.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5904(a) 49:508(f).
5904(b) 49:508(h).

In subsection (a)(1), the words "false" and "written" are omitted as surplus and for consistency with section 5903(a) of the revised title.

In subsection (b), the words "does not require" are substituted for "shall not be construed as creating any obligation or responsibility for" to eliminate unnecessary words. The words "State highway weight law or regulation" are substituted for "State statutes or regulations prescribing weight limitations for highway transportation" for consistency with subsection (a) of this section and to eliminate unnecessary words.

About This Section

49 U.S.C. § 5904 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 49 U.S.C. § 5904. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

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Sources

Source: official Us Code text · Last verified 2026-08-27

At a glance

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Common questions

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It addresses "State enforcement". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

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