B-127936, SEP. 4, 1956

B-127936: Sep 4, 1956

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TO LAKE SHORE SYSTEM: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29. YOUR CLAIM IS FOR CHARGES FOR ADDITIONAL DRIVERS ALLEGED TO HAVE BEEN FURNISHED IN CARRYING OUT THE CHARTER MOVEMENTS UNDER THE TRANSPORTATION REQUESTS. THE BASIS OF THIS CLAIM IS SHOWN IN YOUR LETTER TO BE SECTION F. WHICH PERMITS THE CARRIER TO ASSESS A CHARGE OF $15 PER DAY WHENEVER IT IS NECESSARY TO FURNISH AN ADDITIONAL DRIVER BECAUSE OF THE DURATION OF A CHARTER MOVEMENT. YOU URGE THAT IF ONLY ONE DRIVER HAD BEEN USED ON THESE TRIPS IT WOULD HAVE BEEN IN DIRECT VIOLATION OF THESE RULES AND REGULATIONS. DID NOT SHOW THAT ADDITIONAL DRIVERS WERE ORDERED OR REQUIRED. OR THAT ARRIVAL AT THE VARIOUS DESTINATIONS WAS REQUIRED BY ANY DEFINITE DATES.

B-127936, SEP. 4, 1956

TO LAKE SHORE SYSTEM:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29, 1956, REQUESTING REVIEW OF THE SETTLEMENT IN CLAIM NO. TK 603556 DATED FEBRUARY 7, 1956, WHICH DISALLOWED YOUR CLAIM FOR $60 AS AN ADDITIONAL CHARGE FOR PASSENGER TRANSPORTATION FURNISHED THE DEPARTMENT OF THE ARMY IN JULY 1955, UNDER TRANSPORTATION REQUESTS NOS. M 1,067,549 AND M 1,067,550.

YOUR CLAIM IS FOR CHARGES FOR ADDITIONAL DRIVERS ALLEGED TO HAVE BEEN FURNISHED IN CARRYING OUT THE CHARTER MOVEMENTS UNDER THE TRANSPORTATION REQUESTS, THE TERMS OF SUCH CHARTER MOVEMENTS BEING SET FORTH IN CHARTER COACH ORDERS NOS. M 71763, M 71764, M 71769 AND M 71774. THE BASIS OF THIS CLAIM IS SHOWN IN YOUR LETTER TO BE SECTION F, ITEM 6/D), OF THE NORTHEASTERN CHARTER COACH TARIFF NO. A-285-C, MP-I.C.C. NO. 885. HOWEVER, THIS REFERENCE SEEMS TO BE IN ERROR AND THE CORRECT REFERENCE TO BE EXCEPTION NO. 2 OF THE LAKE SHORE SYSTEM, SHOWN ON 17TH REVISED PAGE B- 9 OF THE SAME TARIFF, EFFECTIVE APRIL 1, 1955, WHICH PERMITS THE CARRIER TO ASSESS A CHARGE OF $15 PER DAY WHENEVER IT IS NECESSARY TO FURNISH AN ADDITIONAL DRIVER BECAUSE OF THE DURATION OF A CHARTER MOVEMENT. YOU ALSO INDICATE THAT THE RULES AND REGULATIONS OF THE INTERSTATE COMMERCE COMMISSION REQUIRE THAT CERTAIN DRIVER CONDITIONS BE MET WITH REGARD TO DRIVING HOURS, AND YOU URGE THAT IF ONLY ONE DRIVER HAD BEEN USED ON THESE TRIPS IT WOULD HAVE BEEN IN DIRECT VIOLATION OF THESE RULES AND REGULATIONS.

THE GOVERNMENT TRANSPORTATION REQUESTS PROVIDED ONLY FOR THE TRANSPORTATION OF CERTAIN ARMY PERSONNEL TO AND FROM LANCASTER AND LOGAN, OHIO, AND CAMP BRACKINRIDGE, KENTUCKY, AND DID NOT SHOW THAT ADDITIONAL DRIVERS WERE ORDERED OR REQUIRED, OR THAT ARRIVAL AT THE VARIOUS DESTINATIONS WAS REQUIRED BY ANY DEFINITE DATES. THE ACCOMPANYING CHARTER COACH ORDERS, SIGNED BY THE PARTIES TO THE CHARTERS, ARE MERELY AN ITEMIZATION OF THE CHARGES FOR THE SERVICES REQUESTED. WHILE THE REGULATIONS OF THE INTERSTATE COMMERCE COMMISSION, REFERRED TO BY YOU, MAY PROVIDE THE MAXIMUM NUMBER OF HOURS PER DAY THAT AN INDIVIDUAL DRIVER MAY ACTUALLY OPERATE A VEHICLE THEY, STANDING ALONE, DO NOT ESTABLISH THAT ADDITIONAL DRIVERS WERE USED OR NEEDED IN PERFORMING THE CHARTER MOVEMENTS IN QUESTION.

OUR GENERAL REGULATIONS NO. 123 (34 COMP. GEN. 782), PARTICULARLY PARAGRAPHS 80-87 THEREOF, SETS FORTH THE PROCEDURE FOR USE BY CARRIERS IN FILING CLAIMS FOR ADDITIONAL AMOUNTS DUE FOR THE TRANSPORTATION OF PASSENGERS FOR THE ACCOUNT OF THE UNITED STATES, AND PROVIDES THAT SUCH CLAIMS MUST BE SUPPORTED BY EVIDENTIARY DATA THAT WILL ESTABLISH SUBSTANTIVELY THE LIABILITY OF THE UNITED STATES FOR THE PAYMENT OF THE ADDITIONAL AMOUNT CLAIMED. THIS OFFICE DOES NOT SPECIFY THE EXACT NATURE OF THE EVIDENCE NECESSARY TO SUPPORT A CLAIM, AS THE EVIDENCE REQUIRED TO PROVE EACH CLAIM MAY DIFFER. CONCERNING THE CLAIM IN QUESTION, THE RECORD CONTAINS NOTHING BEYOND THE BARE ASSERTION OF YOUR CLAIM FOR THE ADDITIONAL AMOUNT, AND THE TARIFF ITEM REFERRED TO IN YOUR SUPPLEMENTAL BILL APPEARS TO HAVE NO APPLICATION TO SERVICES PERFORMED BY YOU. SEE LAKE SHORE SYSTEM "EXCEPTIONS 2" ON 16TH REVISED PAGE B-9 OF THE CITED TARIFF NO. A-285-C. THUS, THE PRESENT RECORD CONTAINS NO EVIDENCE WHICH DEMONSTRATES CONCLUSIVELY THAT ADDITIONAL DRIVERS WERE NECESSARY AND WERE ACTUALLY USED.

THE BURDEN IS ON CLAIMANTS TO FURNISH THE NECESSARY EVIDENCE TO CLEARLY AND SATISFACTORILY ESTABLISH THEIR CLAIMS (23 COMP. GEN. 907; 18 ID. 980; 17 ID. 831), AND THE LEGAL LIABILITY OF THE UNITED STATES FOR THE PAYMENT OF THE ADDITIONAL CHARGES CLAIMED. THE PRESENT RECORD DOES NOT ESTABLISH THAT ADDITIONAL DRIVERS WERE REQUESTED BY THE CHARTER PARTY OR WERE DETERMINED TO BE NECESSARY AND WERE FURNISHED BY THE CARRIER. IN THE ABSENCE OF SUCH EVIDENCE, THIS OFFICE IS WITHOUT AUTHORITY TO CERTIFY YOUR SUPPLEMENTAL BILL FOR PAYMENT. SEE CHARLES V. UNITED STATES, 19 C.CLS. 316; LONGWILL V. UNITED STATES, 17 ID. 288.