(1) In general.— If 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 carrier 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.