Skip to main content

B-142649, JAN. 26, 1961

B-142649 Jan 26, 1961
Jump To:
Skip to Highlights

Highlights

INC.: REFERENCE IS MADE TO THE REQUEST IN YOUR LETTER OF JANUARY 9. FOR INFORMATION AS TO THE TYPE OF EVIDENCE WHICH WILL ENABLE YOUR COMPANY TO ESTABLISH ITS CLAIM FOR EXCLUSIVE-USE CHARGES ON THE SHIPMENT OF JET PROPULSION ENGINES WHICH MOVED FROM LANGLEY AIR FORCE BASE. SUCH CLAIM WAS THE SUBJECT OF B-142649 DATED DECEMBER 29. WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR PREMIUM CHARGES FOR EXCLUSIVE USE IN THE ABSENCE OF SATISFACTORY EVIDENCE ESTABLISHING THAT SUCH SERVICES WERE ACTUALLY ACCORDED THE SHIPMENT FROM ORIGIN TO DESTINATION. THE BEST INDICATION THAT EXCLUSIVE-USE SERVICES WERE ACTUALLY PERFORMED APPEARS TO BE PROVIDED BY A SHOWING OF A CLEAR SEAL RECORD ON THE BILL OF LADING.

View Decision

B-142649, JAN. 26, 1961

TO JONES TRUCK LINES, INC.:

REFERENCE IS MADE TO THE REQUEST IN YOUR LETTER OF JANUARY 9, 1961, FOR INFORMATION AS TO THE TYPE OF EVIDENCE WHICH WILL ENABLE YOUR COMPANY TO ESTABLISH ITS CLAIM FOR EXCLUSIVE-USE CHARGES ON THE SHIPMENT OF JET PROPULSION ENGINES WHICH MOVED FROM LANGLEY AIR FORCE BASE, VIRGINIA, TO TINKER AIR FORCE BASE, MIDWEST CITY, OKLAHOMA, UNDER BILL OF LADING AF- 7323729, DATED AUGUST 12, 1957. SUCH CLAIM WAS THE SUBJECT OF B-142649 DATED DECEMBER 29, 1960, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR PREMIUM CHARGES FOR EXCLUSIVE USE IN THE ABSENCE OF SATISFACTORY EVIDENCE ESTABLISHING THAT SUCH SERVICES WERE ACTUALLY ACCORDED THE SHIPMENT FROM ORIGIN TO DESTINATION.

THE BEST INDICATION THAT EXCLUSIVE-USE SERVICES WERE ACTUALLY PERFORMED APPEARS TO BE PROVIDED BY A SHOWING OF A CLEAR SEAL RECORD ON THE BILL OF LADING, THAT IS, A SHOWING THAT THE SHIPMENT WAS SEALED AT ORIGIN WITH NO INDICATION THAT THE SEALS WERE NOT INTACT WHEN THE SHIPMENT ARRIVED AT DESTINATION. IN THE ABSENCE OF SUCH A CLEAR SEAL RECORD, WE WILL CONSIDER WHATEVER DOCUMENTARY EVIDENCE YOU CARE TO SUBMIT WHICH REASONABLY ESTABLISHES THAT EXCLUSIVE USE OF VEHICLE SERVICES WERE RENDERED. FOR EXAMPLE, SATISFACTORY EVIDENCE MAY TAKE THE FORM OF A CERTIFICATION ON THE BILL OF LADING IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SHIPPING ADMINISTRATIVE AGENCY, OR CERTIFIED COPIES OF CARRIER'S RECORDS MADE CONTEMPORANEOUSLY AT THE TIME OF SHIPMENT EVIDENCING THAT NO OTHER FREIGHT WAS TRANSPORTED ON THE TRUCK OR TRUCKS ON WHICH THE SHIPMENT MOVED. IT IS UNDERSTOOD THERE ARE VARIOUS TYPES OF RECORDS PREPARED BY THE SEVERAL CARRIERS IN THEIR NORMAL BUSINESS OPERATIONS, WHICH MAY CONTAIN SUFFICIENT PERTINENT INFORMATION TO SATISFACTORILY ESTABLISH THE PERFORMANCE OF EXCLUSIVE USE SERVICES. SOME OF THESE ARE: ROAD MANIFESTS OR CONSISTS, TRIP TICKETS AND REPORTS, DISPATCH SHEETS AND OTHER DOCUMENTS WHICH DESCRIBE THE CARGO CARRIED ON THE VEHICLE WHILE EN ROUTE. THE CARRIERS PARTICIPATING IN THIS PARTICULAR FREIGHT MOVEMENT MAY HAVE IN THEIR POSSESSION SUCH FORMS OR SIMILAR TYPE FORMS WHICH SUPPORT YOUR CONTENTION THAT EXCLUSIVE-USE SERVICES WERE RENDERED ON THIS SHIPMENT. SINCE NOT ALL OF THE MOTOR CARRIERS EMPLOY THE SAME TYPE OF BUSINESS FORMS IN THE CONDUCT OF THEIR OPERATIONS, HOWEVER, WE ARE UNABLE TO ADVISE YOU AS TO THE SPECIFIC DOCUMENT WHICH MAY HAVE BEEN USED BY THE CARRIERS PARTICIPATING IN THIS FREIGHT MOVEMENT.

IF YOU ARE ABLE TO FURNISH CERTIFIED COPIES OF CARRIERS' RECORDS MADE IN THE COURSE OF THEIR BUSINESS AT THE TIME THE FREIGHT MOVED AND WHICH REASONABLY ESTABLISH THAT EXCLUSIVE USE OF A VEHICLE WAS FURNISHED FOR THE ENTIRE FREIGHT MOVEMENT, FROM POINT OF ORIGIN TO DESTINATION, WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM FOR ADDITIONAL CHARGES BASED ON THE FURNISHING OF THE EXCLUSIVE USE OF A VEHICLE TO PERFORM THE TRANSPORTATION SERVICE. IF THE COPIES OF RECORDS FURNISHED ARE SUCH THAT AN EXPLANATION THEREOF IS NECESSARY TO ESTABLISH THAT EXCLUSIVE USE WAS FURNISHED FOR THE FULL DISTANCE FROM POINT OF ORIGIN TO DESTINATION, SUCH EXPLANATION SHOULD ACCOMPANY THE DOCUMENTARY EVIDENCE RELIED UPON.

GAO Contacts

Office of Public Affairs