B-135992, SEP. 15, 1960

B-135992, SEP. 15, 1960

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1960, YOUR CLAIM REFERENCE 058-8, PRO NO. 945301, PERTAINING TO OUR OVERCHARGE CLAIM OF $458.07 ON THE CHARGES BILLED BY YOUR COMPANY ON THE SHIPMENT OF ONE TRAILER FROM WARNER ROBINS, GEORGIA, TO BEDFORD, MASSACHUSETTS, UNDER BILL OF LADING AF -5599511, DATED MAY 3, 1956.

IN DISPUTING OUR USE OF A RATE NAMED IN NATIONAL AUTOMOBILE TRANSPORTERS ASSOCIATION TARIFF 83-C, MF-I.C.C. 268, ON TRAILERS TOWED IN TRANSPORTATION, YOU DIRECT ATTENTION TO THE FACT THAT YOUR COMPANY DOES NOT PARTICIPATE IN THAT TARIFF AND CONTEND FOR THE CHARGES ORIGINALLY BILLED. APPARENTLY THE RATE URGED BY YOU FOR APPLICATION IS THE LESS-THAN -TRUCKLOAD RATE PROVIDED BY NATIONAL MOTOR FREIGHT CLASSIFICATION A-2, MF- I.C.C. 6, AND SOUTHERN MOTOR CARRIERS RATE CONFERENCE TARIFF 504, MF- I.C.C. 614. THE RATE PROVIDED BY THE LATER NAMED TARIFFS, HOWEVER, PRESUPPOSES THAT SHIPMENTS RATED THEREUNDER WILL BE "CARRIED" RATHER THAN "TOWED.' SINCE PROVISION IS NOT MADE IN THOSE PUBLICATIONS FOR TRAILERS MOVED ON THEIR OWN WHEELS, AND SINCE WE HAVE BEEN UNABLE TO LOCATE ANY OTHER RATES PARTICIPATED IN BY YOUR COMPANY FOR TOW AWAY SERVICE, WE HAVE APPLIED THE RATE NAMED IN N.A.T.A. TARIFF 83-C AS REPRESENTING A FAIR MEASURE OF VALUE FOR THE TRANSPORTATION SERVICES ACTUALLY PERFORMED.

WE HAVE BEEN UNSUCCESSFUL IN OUR EFFORTS TO CONFIRM YOUR CONTENTION THAT YOUR COMPANY ACCEPTED THIS SHIPMENT AT THE INSISTENCE OF THE ADMINISTRATIVE OFFICE. IN REPLY TO OUR INQUIRY, WE WERE ADVISED BY THE ROBINS AIR FORCE BASE, GEORGIA, THAT THIS SHIPMENT WAS TENDERED TO YOUR COMPANY WITH THE UNDERSTANDING THAT THE FREIGHT TRAILER WOULD BE LOADED ON THE CARRIER'S EQUIPMENT AND TRANSPORTED TO DESTINATION, AND THAT AS FAR AS NOW CAN BE DETERMINED, AUTHORITY WAS NOT GRANTED TO "TOW" THE TRAILER. OUR AUDIT AND SETTLEMENT OF THE FREIGHT CHARGES ON GOVERNMENT SHIPMENTS IS PREDICATED PRIMARILY UPON THE WRITTEN RECORD, AND IN ANY DISPUTED QUESTION OF FACT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, IT IS THE UNBROKEN RULE OF THE ACCOUNTING OFFICERS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS. 16 COMP. GEN. 325-329.

MOREOVER, GOVERNMENT OFFICERS ARE WITHOUT AUTHORITY TO CONTRACT FOR TRANSPORTATION AT RATES WHICH ARE HIGHER THAN THOSE AVAILABLE TO THE GENERAL PUBLIC FOR A LIKE SERVICE. MO.PAC.R.R.CO. V. UNITED STATES, 71 CT.CL. 650, 661 (1931). SINCE YOUR COMPANY TRANSPORTED THE FREIGHT TRAILER IN ,TOW AWAY" SERVICE, FOR WHICH RATES ARE PUBLISHED IN TARIFFS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION, NO REASON IS APPARENT WHY CHARGES GREATER THAN THOSE COMPUTED UNDER THOSE TARIFFS SHOULD BE ASSESSED.

ACCORDINGLY, UNLESS A REFUND OF THE AMOUNT IS RECEIVED HERE WITHIN THIRTY DAYS, COLLECTION OF THE OVERPAYMENT WILL BE EFFECTED BY DEDUCTION FROM OTHER MONIES FOUND TO BE PAYABLE TO YOUR COMPANY OR BY WHATEVER OTHER MEANS MAY BE AVAILABLE.