§ 5901. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5901]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
Sec. 5901. Definitions
In this chapter--
(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title apply.
(2) ``beneficial owner'' means a person not having title to
property but having ownership rights in the property, including a
trustee of property in transit from an overseas place of origin that
is domiciled or doing business in the United States, except that a
carrier, agent of a carrier, broker, customs broker, freight
forwarder, warehouser, or terminal operator is not a beneficial
owner only because of providing or arranging for any part of the
intermodal transportation of property.
(3) ``carrier'' means--
(A) a motor carrier, water carrier, and rail carrier
providing transportation of property in commerce; and
(B) an ocean common carrier (as defined in section 3 of the
Shipping Act of 1984 (46 App. U.S.C. 1702)) providing
transportation of property in commerce.
(4) ``container'' has the meaning given the term ``freight
container'' by the International Standards Organization in Series 1,
Freight Containers, 3d Edition (reference number ISO668-1979(E)),
including successive revisions, and similar containers that are used
in providing transportation in interstate commerce.
(5) ``first carrier'' means the first carrier transporting a
loaded container or trailer in intermodal transportation.
(6) ``gross cargo weight'' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.
(7) ``intermodal transportation'' means the successive
transportation of a loaded container or trailer from its place of
origin to its place of destination by more than one mode of
transportation in interstate or foreign commerce, whether under a
single bill of lading or under separate bills of lading.
(8) ``trailer'' means a nonpower, property-carrying, trailing
unit that is designed for use in combination with a truck tractor.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859; Pub. L. 104-
291, title II, Sec. 203, Oct. 11, 1996, 110 Stat. 3453.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5901(1)............................... 49:501(a)(1).
5901(2)............................... 49:501(a)(4).
5901(3)............................... 49:501(a)(5).
5901(4)............................... 49:501(a)(6).
5901(5)............................... 49:501(a)(7).
5901(6)............................... 49:501(a)(8).
5901(7)............................... 49:501(a)(9).
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This chapter restates 49:508 and the relevant definitions in 49:501
because the subject matter more appropriately belongs in subtitle III of
title 49. The text of 49:501(a)(1) is restated to incorporate the
definitions in 49:10102. The terms defined in 49:501(a)(2) and (3) are
not used in this chapter.
In clause (2), the word ``including'' is substituted for ``For
purposes of this paragraph . . . shall be treated as a beneficial owner
of such property'' for consistency and to eliminate unnecessary words.
The words ``is not a beneficial owner only because of providing or
arranging for any part of the intermodal transportation of property''
are substituted for ``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 paragraph, solely by reason
of providing or arranging for such transportation'' to eliminate
unnecessary words.
In clause (3)(A), the words ``(as such terms are defined in section
10102 of this title)'' are omitted as unnecessary because of clause (1)
of this section.
In clause (7), the words ``property-carrying'' are substituted for
``cargo carrying'' for consistency in the revised title.
Amendments
1996--Par. (1). Pub. L. 104-291, Sec. 203(1), added par. (1) and
struck out former par. (1) which read as follows: ``the definitions in
section 10102 of this title apply.''
Pars. (6) to (8). Pub. L. 104-291, Sec. 203(2), (3), added par. (6)
and redesignated former pars. (6) and (7) as (7) and (8), respectively.
