A-65865, FEBRUARY 26, 1936, 15 COMP. GEN. 732

A-65865: Feb 26, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRANSPORTATION - FREIGHT CHARGES - MINIMUM CARLOAD WEIGHTS WHERE IN CONNECTION WITH A SHIPMENT OF TRUCKS A CAR OF GREATER CAPACITY THAN THAT REQUIRED IS FURNISHED BY THE CARRIER WITHOUT REQUEST OR DIRECTION OF THE GOVERNMENT AGENT. THERE IS NO AUTHORITY FOR PAYMENT OF FREIGHT CHARGES IN EXCESS OF THE FIXED MINIMUM CARLOAD WEIGHT OF THE SHORTER CAR. THE SHIPMENT APPARENTLY WAS FORWARDED FROM COLTON NOVEMBER 16. - WE BELIEVE THAT CORRECT CHARGES HAVE BEEN ASSESSED ON BASIS OF SIZE OF CAR USED ESPECIALLY IN VIEW OF THE FACT THAT CAR WITH WIDE SIDE DOORS WAS ORDERED AND ONLY LARGE CARS HAVE WIDE SIDE DOORS AND THEN ALSO SHIPPERS SEALED CAR WHICH WENT THROUGH TO DESTINATION WITHOUT OTHER FREIGHT THEREIN.

A-65865, FEBRUARY 26, 1936, 15 COMP. GEN. 732

TRANSPORTATION - FREIGHT CHARGES - MINIMUM CARLOAD WEIGHTS WHERE IN CONNECTION WITH A SHIPMENT OF TRUCKS A CAR OF GREATER CAPACITY THAN THAT REQUIRED IS FURNISHED BY THE CARRIER WITHOUT REQUEST OR DIRECTION OF THE GOVERNMENT AGENT, WHO ALSO TAKES NO PART IN THE LOADING OR SEALING OF THE CAR, AND THE CARRIER TENDERS CARLOAD TRANSPORTATION OF FREIGHT AUTOMOBILES IN SHORTER CARS SUFFICIENT IN LENGTH TO ACCOMMODATE THE SHIPMENT IN QUESTION AT FIXED MINIMUM CARLOAD WEIGHTS, THERE IS NO AUTHORITY FOR PAYMENT OF FREIGHT CHARGES IN EXCESS OF THE FIXED MINIMUM CARLOAD WEIGHT OF THE SHORTER CAR.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 26, 1936:

THE LOS ANGELES AND SALT LAKE RAILROAD CO. CLAIMS $104.15 DISALLOWED BY SETTLEMENT T-95977, DATED NOVEMBER 21, 1934, UPON THE CARRIER'S BILL GF- 443-33 FOR TRANSPORTATION OF TWO DUMP TRUCKS, 10,200 POUNDS, AS FROM COLTON, CALIF., TO OVERTON, NEV., UNDER BILL OF LADING NPS (ECW) NO. 4802, DATED NOVEMBER 10, 1933.

THE SHIPMENT APPARENTLY WAS FORWARDED FROM COLTON NOVEMBER 16, 1933, IN CAR UP 151439, AN AUTOMOBILE CAR 50 FEET 3 INCHES IN LENGTH, AND HAVING STAGGERED DOORS 12 FEET IN WIDTH. THE CARRIER'S BILL STATED THE CHARGE AS $274.85--- $2.70 AS FOR SWITCHING THE SHIPMENT FROM THE SOUTHERN PACIFIC CO. TO THE LOS ANGELES AND SALT LAKE RAILROAD AT COLTON, PLUS $272.15 AS FOR TRANSPORTATION OVER THE LATTER CARRIER'S LINE FROM COLTON TO OVERTON ON THE BASIS OF A MINIMUM CARLOAD WEIGHT OF 19,440 POUNDS AND THE COLTON- OVERTON SECOND-CLASS RATE OF $1.42 PER 100 POUNDS (LESS 1.411 PERCENT FOR LAND GRANT).

THE SETTLEMENT ALLOWED THE SWITCHING CHARGE PLUS $168 ON THE BASIS OF A MINIMUM CARLOAD WEIGHT OF 12,000 POUNDS AND THE $1.42 RATE (LESS 1.411 PERCENT FOR LAND GRANT) BECAUSE--- "MINIMUM FOR 36 FOOT CAR APPLIES ACCOUNT NO INDICATION SHIPMENT TENDERED AS CARLOAD.'

THE CARRIER SETS FORTH IT HAS BEEN ADVISED---

SHIPMENT LOADED BY SHIPPER, SEAL USED ON CAR, TRUCK OCCUPIED TWO THIRDS OR MORE OF FLOOR SPACE. BILLED OUT AS A CARLOAD--- PROBABLY TENDED (TENDERED) AS A CARLOAD AS SHIPPER HIRED HELP TO LOAD CAR.

AND---

WE BELIEVE THAT CORRECT CHARGES HAVE BEEN ASSESSED ON BASIS OF SIZE OF CAR USED ESPECIALLY IN VIEW OF THE FACT THAT CAR WITH WIDE SIDE DOORS WAS ORDERED AND ONLY LARGE CARS HAVE WIDE SIDE DOORS AND THEN ALSO SHIPPERS SEALED CAR WHICH WENT THROUGH TO DESTINATION WITHOUT OTHER FREIGHT THEREIN.

CONSOLIDATED FREIGHT CLASSIFICATION NO. 8 NAMES A CARLOAD RATING OF SECOND CLASS FOR FREIGHT AUTOMOBILES, MINIMUM WEIGHT 12,000 POUNDS (FOR A CAR NOT EXCEEDING 36 FEET 6 INCHES IN LENGTH) SUBJECT TO CLASSIFICATION RULE 34 WHICH PROVIDES (SEC. 6) THAT THE MINIMUM CARLOAD WEIGHT TO BE CHARGED FOR A CAR 50 FEET 3 INCHES IN LENGTH SHALL BE 19,440 POUNDS EXCEPT WHEN FURNISHED BY CARRIER IN LIEU OF A SHORTER CAR ORDERED BY THE SHIPPER IN WHICH EVENT---

THE MINIMUM WEIGHT FOR THE CAR FURNISHED SHALL BE THAT FIXED FOR THE CAR ORDERED, EXCEPT THAT WHEN THE LOADING CAPACITY OF THE CAR IS USED THE MINIMUM WEIGHT SHALL BE THAT FIXED FOR THE CAR FURNISHED.

SECTION 4 OF THE SAME RULE PROVIDES---

EXCEPT WHEN FURNISHED BY CARRIER IN PLACE OF A SHORTER CAR ORDERED IF A CAR OVER 36 FEET 6 INCHES IN LENGTH IS USED BY SHIPPER FOR LOADING ARTICLES SUBJECT TO RULE 34, WITHOUT PREVIOUS ORDER HAVING BEEN PLACED BY SHIPPER WITH CARRIER FOR A CAR OF SUCH SIZE, THE MINIMUM WEIGHT SHALL BE THAT FIXED FOR THE CAR USED.

PRESUMABLY, THE PROVISIONS OF CLASSIFICATION RULE 34 ARE THE BASIS FOR THE MINIMUM CARLOAD WEIGHT OF 19,440 POUNDS CHARGED FOR BY THE CARRIER. IT APPEARS, HOWEVER, THAT THE GOVERNING TARIFF HERE (LOS ANGELES AND SALT LAKE RAILROAD NO. 133E, I.C.C. NO. 606) IS SUBJECT TO MINIMUM CARLOAD WEIGHT PROVISIONS SET FORTH IN P.F.T.B. EXCEPTION SHEET NO. 1-0, ISSUED BY F. W. GOMPH UNDER I.C.C. NO. 1098, AS FOLLOWS:

VEHICLES, MOTOR, VIZ: * * *

AUTOMOBILES, FREIGHT, SET UP.

MINIMUM WEIGHT: IN CARS * * *

TABLE

POUNDS

36 FEET 6 INCHES AND UNDER ------------------------------ 12,000

OVER 36 FEET 6 INCHES TO AND INCLUDING 41 FEET 6 INCHES - 12,500

OVER 41 FEET 6 INCHES TO AND INCLUDING 51 FEET ---------- 15,000

IT SEEMS, THEREFORE, THAT THE CARRIER WOULD NOT BE ENTITLED IN ANY EVENT TO CHARGE AS FOR THE MINIMUM CARLOAD WEIGHT OF 19,440 POUNDS.

THE ADMINISTRATIVE OFFICE REPORT IN THIS MATTER SHOWS AS FOLLOWS:

THESE TWO TRUCKS WERE INCLUDED IN A SHIPMENT OF FOUR TRUCKS IN ONE CAR FROM GLACIER NATIONAL PARK, MONT., TO COLTON. THE FOUR TRUCKS SO SHIPPED WERE RECONSIGNED AT COLTON--- TWO TO PHOENIX, ARIZ., AND THE TWO HERE CONCERNED TO OVERTON, NEV. THE SUPERINTENDENT, MISSION INDIAN AGENCY, RIVERSIDE, CALIF., ACTING AS CONSIGNOR IN CONNECTION WITH THE LATTER TWO TRUCKS, TELEPHONED THE SHIPPING INSTRUCTIONS TO THE CARRIER; DID NOT ORDER ANY SPECIFIC SIZE CAR AND LEFT IT TO THE CARRIER'S "DISCRETION * * * WHETHER OR NOT THE SHIPMENT WAS TO BE MADE AS A CARLOAD; " AND DID NOT LOAD THE SHIPMENT OR SUPERVISE ITS LOADING. THE REASON FOR THE USE OF A 50-FOOT 3-INCH CAR IS NOT KNOWN BUT--- "WE DO KNOW THAT ORDINARILY THREE TRUCKS CAN BE SHIPPED IN A 40 FOOT CAR AND FOUR TRUCKS IN A 50-FOOT CAR"-- - AND THE CAR WAS SEALED BY THE SOUTHERN PACIFIC CO.

IT SEEMS MANIFEST THAT THE COMBINED LENGTH OF THESE TWO TRUCKS WOULD NOT PROHIBIT THEIR BEING LOADED IN A CAR 36 FEET 6 INCHES IN LENGTH AND IT IS TO BE NOTED THAT THE CARRIER'S ADVICES--- ,TRUCK OCCUPIED TWO-THIRDS OR MORE OF FLOOR SPACE"--- ARE NOT INCONSISTENT WITH SUCH LOADING.

THE CARRIER HELD ITSELF OUT AS TENDERING CARLOAD TRANSPORTATION OF FREIGHT AUTOMOBILES IN CARS 36 FEET 6 INCHES IN LENGTH ON THE BASIS OF A MINIMUM CARLOAD WEIGHT OF 12,000 POUNDS. IN USE OF PRIVATELY OWNED REFRIGERATOR CARS, 201 I.C.C. 323 (373), THE INTERSTATE COMMERCE COMMISSION SAID---

IT IS WELL-SETTLED LAW THAT IT IS THE DUTY OF COMMON CARRIERS BY RAILROAD TO FURNISH SUCH CARS AS MAY BE REASONABLY NECESSARY FOR THE TRANSPORTATION OF ALL THE COMMODITIES THEY HOLD THEMSELVES OUT TO CARRY. * * * IT IS OPTIONAL WITH THEM, WHETHER THEY EXERCISE THAT RIGHT BY FURNISHING CARS OWNED BY THEM, CARS OWNED BY OTHER CARRIERS, OR CARS LEASED FROM INDEPENDENT CONTRACTORS. * * *

SEE, ALSO, INTERSTATE COMMERCE COMMISSION FREIGHT TARIFF CIRCULAR NO. 20, RULE 66.

UPON THIS RECORD, THERE APPEARS NO JUSTIFICATION FOR CHARGES BASED ON A MINIMUM CARLOAD WEIGHT IN EXCESS OF 12,000 POUNDS. FURTHERMORE, IT APPEARS THAT THE CARRIER DID NOT TRANSPORT THE SHIPMENT TO OVERTON BUT, INSTEAD, DELIVERED IT AT MOAPA, NEV., THE SECOND-CLASS RATE FROM COLTON TO MOAPA BEING $1.39 RATHER THAN $1.42 AS CLAIMED BY THE CARRIER. ACCORDINGLY, THE APPLICABLE CHARGE APPEARS AS $167.19, COMPUTED AS FOLLOWS:

TABLE

SWITCHING AT COLTON --------------------------------------- $2.70

COLTON TO MOAPA, 12,000 POUNDS AT $1.39 PER 100 POUNDS ---- 166.80

LAND-GRANT DEDUCTION 1.386 PERCENT ------------------------ 2.31

NET ------------------------------------------------- 164.49

TOTAL ----------------------------------------------- 167.19

ALLOWED BY SETTLEMENT ------------------------------------- 170.70

DUE UNITED STATES ----------------------------------------- 3.51

THE CARRIER SHOULD REMIT $3.51 WITHIN A REASONABLE TIME OR SUBMIT FOR CONSIDERATION REASONS WHY AN EQUIVALENT DEDUCTION SHOULD NOT BE MADE IN SETTLEMENT OF AN OPEN ACCOUNT.