B-127245, AUG. 2, 1956

B-127245, AUG. 2, 1956

TO THE CENTRAL OF GEORGIA RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1955, FILE N-50262 G-A, REQUESTING REVIEW OF THE SETTLEMENT CERTIFICATE DISALLOWING YOUR SUPPLEMENTAL BILL IN THE AMOUNT OF $374.88, FOR ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TRUCK-MOUNTED AIR COMPRESSORS FROM WESTWEGO, LOUISIANA, TO ARMY DEPOT, GEORGIA, UNDER BILL OF LADING WW- 3159202 IN DECEMBER 1947.

FOR THIS SERVICE YOU CLAIMED ORIGINALLY AND WERE PAID THE SUM OF $361.74. IN THE AUDIT OF YOUR BILL IN OUR TRANSPORTATION DIVISION IT WAS DETERMINED THAT THE PROPER CHARGES WERE $269.93, COMPUTED AT A RATE OF 78 CENTS PER 100 POUNDS IN ACCORDANCE WITH A A R SECTION 22 QUOTATION NO. 488, AND NEW ORLEANS FREIGHT BUREAU TARIFF NO. 27-E, PLUS APPLICABLE INCREASES AND SWITCHING CHARGES. THE RESULTING OVERPAYMENT OF $91.81 WAS COLLECTED BY DEDUCTION OF AMOUNTS OTHERWISE DUE YOU IN NOVEMBER 1951. CERTIFICATE OF SETTLEMENT NO. T-554362 DATED AUGUST 21, 1952, YOU WERE ALLOWED THE ADDITIONAL SUM OF $33.52 MAKING A TOTAL PAID TO YOU IN CONNECTION WITH THIS BILL OF LADING OF $303.45. THEREAFTER, BY BILL NO. N -5-50262-G-O-R-670-10, YOU CLAIMED $374.88 ADDITIONAL, CONTENDING THAT UNDER RULE 18 OF THE CLASSIFICATION THE ARTICLE SHIPPED IS PROPERLY RATABLE ON THE BASIS OF A CLASS-85 RATING FOR FREIGHT AUTOMOBILE TRUCKS, PER ITEM 43785 1/2 NOTE NOTE B, SOUTHERN CLASSIFICATION EXCEPTIONS NO. 24.

THE SHIPMENT IS DESCRIBED IN THE BILL OF LADING AS "COMPRESSOR, AIR, MOUNTED ON TRUCK (FRT HIGHWAY VEHICLE) WITH PERMANENTLY ATTACHED MACHINERY (TRUCK MTD, 2 1/2 TON 616 COMPRESSOR AIR)," NET WEIGHT 29,300 POUNDS, INCLUDING DUNNAGE ESTIMATED 500 POUNDS. THIS BILL OF LADING RECORD REFLECTS THAT THE COMPRESSORS WERE "PERMANENTLY" MOUNTED ON TRUCKS, WHICH, FROM THE DATA AND INFORMATION AS TO THIS TYPE OF ARTICLE, CONTAINED IN DEPARTMENT OF THE ARMY TECHNICAL MANUAL 9-2800, ISSUED OCTOBER 1947, APPEAR TO BE AUTOMOBILE CHASSIS PROVIDING A PLATFORM FOR THE COMPRESSOR UNITS PERMANENTLY MOUNTED THEREON. SEE PAGE 277 OF THE MANUAL. WHILE THE COPY OF THE LETTER DATED MARCH 2, 1955, FROM THE WESTERN WEKOHING AND INSPECTION BUREAU, FURNISHED BY YOU, MAINTAINS THAT THE COMPRESSOR IN QUESTION MAY BE MOUNTED ON EITHER 1 1/2-TON OR 2 1/2-TON TRUCK, OR ON SKIDS, IT IS APPARENT FROM THE INFORMATION IN THE ABOVE-MENTIONED ARMY TECHNICAL MANUAL THAT THIS KIND OF AIR COMPRESSOR WAS DESIGNED TO OPERATE AS A MOBILE UNIT MOUNTED SPECIFICALLY ON A 2 1/2-TON, 616 TRUCK CHASSIS. THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE COMPRESSOR COULD BE READILY SEPARATED OR REMOVED FROM THE TRUCK OR, IF THE COMPRESSORS WERE REMOVED, THAT THE MOTOR VEHICLE--- WITHOUT STRUCTURAL ALTERATIONS--- COULD BE USED FOR HAULING FREIGHT. AS A MATTER OF INFORMATION, THE ARMY TECHNICAL MANUAL SHOWS THAT THE COMPRESSOR AND ACCOMPANYING TOOL COMPARTMENTS WERE REMOVED, IT WOULD BE NECESSARY TO INSTALL A BODY, WITH APPROPRIATE CHASSIS CHANGES, BEFORE THE VEHICLE COULD BE USED AS A FREIGHT AUTOMOBILE.

IT SEEMS REASONABLE TO CONCLUDE, THEREFORE, THAT THE UNIT WAS A SELF- PROPELLED AIR COMPRESSOR RATHER THAN A COMBINATION ARTICLE AND, CONSEQUENTLY, RULE 18 OF THE GOVERNING FREIGHT CLASSIFICATION WOULD NOT APPLY TO DETERMINE THE CHARGES FOR THE TRANSPORTATION INVOLVED. SEE, IN THIS CONNECTION, STEWART AND STEVENSON SERVICES, INC. V. BALTIMORE AND OHIO RAILROAD COMPANY, 276 I.C.C. 156, 157, AND HARRISON CONSTRUCTION CO. V. CINCINNATI, N.O. AND T.P. RY CO., 266 I.C.C. 313, 316-318. IN THE LATTER CASE IT WAS HELD THAT A TRUCK-MOUNTED CONCRETE MIXER WAS A SELF- PROPELLED CONCRETE-MIXING MACHINE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING APPLICABLE ON "MACHINERY OR MACHINES, N.O.I.B.N.' SEE, ALSO, OAKLAND TRUCK SALES COMPANY V. BALTIMORE AND OHIO RAILROAD COMPANY, ET AL., 270 I.C.C. 540.

IN ACCORDANCE WITH THE PRINCIPLE OF THE ABOVE CASES THE ALLOWABLE CHARGES FOR THIS TRANSPORTATION SHOULD NOT BE IN EXCESS OF THOSE COMPUTED ON THE BASIS OF THE RATING PROVIDED IN ITEM 28180-A, SUPPLEMENT 4 TO CONSOLIDATED FREIGHT CLASSIFICATION NO. 17, FOR "COMPRESSORS, AIR, WITH OR WITHOUT AIR TANKS, HOSE OR NOZZLES, MOUNTED OR NOT MOUNTED, LOOSE OR IN PACKAGES.' THE SETTLEMENT, WHICH WAS CONSISTENT WITH THE FOREGOING, IS NOT SHOWN TO HAVE BEEN IN ERROR OTHERWISE AND, ACCORDINGLY, IS SUSTAINED.