B-129733, DEC. 28, 1956

B-129733, DEC. 28, 1956

TO MR. E. F. MACMILLAN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 16, 1955, RELATIVE TO THE RATES AND CHARGES APPLICABLE ON A SHIPMENT TRANSPORTED BY THE VIRGINIA MOTOR FREIGHT, INC., RICHMOND, VIRGINIA, FROM THE RICHMOND QUARTERMASTER DEPOT, BELLBLUFF, VIRGINIA, UNDER BILL OF LADING WW 4568052, NOVEMBER 7, 1950. THUS, THE SHIPMENT WAS PICKED UP AT ONE GOVERNMENT RESERVATION AND DELIVERED TO ANOTHER RESERVATION. THE RATES ASSESSABLE ON THIS SHIPMENT ARE THOSE AUTHORIZED BY VIRGINIA MOTOR FREIGHT, INC., IN "U.S. GOVERNMENT QUOTATION C.C.A.V. NO. 1," DATED MAY 1, 1950. THIS QUOTATION PROVIDES THAT THE CARRIER, FOR THE PURPOSE OF COMPUTING ITS RATES AND CHARGES "ADOPTS THE VIRGINIA INTRA STATE TARIFF NO. 93-A, SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC., AGENT M.F.-V.C.C. NO. 4, SUPPLEMENTS THERETO OR SUCCESSIVE ISSUES THEREOF, AND WAIVERS ALL INCREASES IN RATES, WHETHER PUBLISHED THEREIN, INCORPORATED IN SPECIFIC RATES OR PUBLISHED IN ANY INCREASED TARIFF TO WHICH REFERENCE IS MADE THEREIN.'

YOU DISPUTE THE AUDIT ACTION TAKEN BY OUR TRANSPORTATION DIVISION AS TO THE INSTANT TRANSPORTATION AND YOU STATE THAT THE ABOVE QUOTATION CLEARLY INDICATES THAT THE RATES PUBLISHED IN VIRGINIA INTRASTATE TARIFF NO. 93-A, MF-V.C.C. NO. 4, ARE TO BE USED IN ARRIVING AT THE ALLOWABLE TRANSPORTATION CHARGE ON THIS SHIPMENT. YOU ALSO STATE THAT IT IS THEN "NECESSARY TO DETERMINE THE PROPERLY APPLICABLE RATES FROM THIS TARIFF PUBLICATION.' YOU REFER TO THE RESTRICTIONS PLACED UPON THE RATES PUBLISHED IN THAT TARIFF BY THE COMMON CARRIERS PARTIES THERETO, SPECIFICALLY, THE WILSON TRUCKING CORPORATION, AND URGE THAT THE RESTRICTION AS TO THE CLASS RATES PROTECTED BY THAT CARRIER IS ENFORCEABLE IN THIS CASE BY REASON OF THE TERMS OF U.S. GOVERNMENT QUOTATION C.C.A.V. NO. 1. IT IS URGED BY YOU THAT UNDER THE QUOTATION THE CONTRACT CARRIERS "ADOPTED ALL RESTRICTIONS, EXCEPTIONS, RULES, REGULATIONS AND/OR ANY OTHER GOVERNING FACTOR CONTROLLING THE TARIFF RATES THUS ADOPTED," AND IT IS YOUR POSITION THAT VIRGINIA MOTOR FREIGHT, INC., IS ENTITLED TO $16.71 ADDITIONAL FOR THIS TRANSPORTATION.

THERE IS PUBLISHED IN VIRGINIA INTRASTATE TARIFF NO. 93-A, A SCALE OF CLASS RATES APPLYING FROM BELLBLUFF, TO FORT BELVOIR. IT MAY BE NOTED THAT PARTICIPATING COMMON CARRIERS HOLDING CERTIFICATES OF CONVENIENCE AND NECESSITY FROM THE VIRGINIA STATE CORPORATION COMMISSION HAVE PLACED CERTAIN RESTRICTIONS UPON SUCH RATES WHEN APPLIED TO SHIPMENTS TRANSPORTED BY THEM. HOWEVER, BY THE TERMS OF THE QUOTATION THE CONTRACT CARRIER HERE INVOLVED ADOPTED THE RATES AND CHARGES PUBLISHED IN TARIFF NO. 93-A, WITHOUT LIMITATION. HAD IT WISHED TO QUALIFY THAT QUOTATION AND ADOPT "ALL RESTRICTIONS, EXCEPTIONS," ETC., THE QUALIFICATION SHOULD HAVE BEEN SIGNIFIED BY APPROPRIATE LANGUAGE TO THAT EFFECT. AS STATED IN MR. SEIBERT'S LETTER OF JULY 20, 1955, TO YOU, A "CONTRACT CARRIER MAY MAKE HIS OWN RATE AND THE CONTRACT CARRIER HANDLES FROM ORIGIN TO DESTINATION AND A CERTIFICATE FOR COMMON CARRIER OPERATION DOES NOT ENTER INTO THE QUESTION.' THERE IS NOTHING IN THE QUOTATION OR ELSEWHERE THAT REFLECTS THE CARRIER'S PURPOSE TO COMPUTE ITS CHARGES ON THE BASIS OF OTHER THAN THE SCALE OF RATES NAMED IN THE TARIFF FOR SUCH SHIPMENTS AS WERE ACCEPTED FOR TRANSPORTATION, WITHOUT REFERENCE TO THE CONDITIONS SPECIFIED FOR THE ACCOUNT OF INDIVIDUAL COMMON CARRIERS. AND EVEN IF YOUR VIEW AS TO THE APPLICABILITY OF THE RESTRICTIONS CONTAINED IN TARIFF NO. 93-A WERE VALID, IT APPEARS THAT CERTIFICATE NO. F-467, TRANSFERRING THE OPERATING RIGHTS OF THE HAMPTON ROADS TRANSPORTATION COMPANY TO THE WILSON TRUCKING CORPORATION, PRECLUDES THE CORPORATION FROM OPERATION ONLY ON SHIPMENTS MADE BETWEEN RICHMOND AND PETERSBURG OR INTERMEDIATE POINTS. THE CERTIFICATE DOES NOT SEEM TO PRECLUDE SERVICE BY THE CORPORATION AS TO TARIFF FROM OR TO AN INTERMEDIATE POINT TO RICHMOND AND PETERSBURG TO SUCH POINT AS FORT BELVOIR, IN CONJUNCTION WITH THE CARRIER'S OTHER OPERATING RIGHTS.

SINCE VIRGINIA MOTOR FREIGHT, INC., AGREED TO ADOPT VIRGINIA INTRASTATE TARIFF NO. 93-A FOR THE PURPOSE OF COMPUTING ITS RATES AND CHARGES ON GOVERNMENT SHIPMENTS, WE WOULD NOT BE WARRANTED IN GIVING EFFECT TO AN UNEXPRESSED INTENTION WHICH IS NOT CONSISTENT WITH THE CLEAR TERMS OF THE QUOTATION. IN THE CIRCUMSTANCES, OUR AUDIT BASIS IS CORRECT AND WILL NOT BE MODIFIED.