B-132118, NOVEMBER 21, 1957, 37 COMP. GEN. 350

B-132118, NOVEMBER 21, 1957, 37 COMP. GEN. 350

TRANSPORTATION - RATES - EXCLUSIVE USE OF CARRIER - MIXED SHIPMENTS - CUBIC FOOT RULE APPLICATION CHARGES ON SHIPMENTS OF MISCELLANEOUS FREIGHT, WHICH INCLUDE ARTICLES WEIGHING IN THE AGGREGATE IN EXCESS OF 15 POUNDS PER CUBIC FOOT BUT WHICH ARE LOADED ON SPECIFIC SIZE EQUIPMENT AS REQUESTED BY THE GOVERNMENT, ARE PRECLUDED FROM BEING COMPUTED ON THE CUBIC FOOT RULE IN ITEM 120 (A) OF THE SOUTHWESTERN MOTOR TARIFF BUREAU U.S. GOVERNMENT QUOTATION NO. 1 BY ITEM 120 (B) WHICH PROVIDES THAT, WHEN A SHIPMENT IS COMPLETELY LOADED ON EQUIPMENT ORDERED AND FURNISHED, THE CHARGES ON THE CUBIC FOOT RULE BASIS SHALL NOT EXCEED THE CHARGES WHICH WOULD ACCRUE UNDER ITEM 110 OF U.S. QUOTATION NO. 1 FOR EXCLUSIVE USE OF THE CARRIER, AND, THEREFORE, THE ACTUAL WEIGHT OF EACH SHIPMENT BEING IN EXCESS OF THE MINIMUM WEIGHT REQUIREMENTS OF THE EQUIPMENT USED THERE IS NO JUSTIFICATION FOR INCREASING THE WEIGHT OF EACH ARTICLE UNDER 15 POUNDS PER CUBIC FOOT TO THAT WEIGHT IN COMPUTATION OF THE FREIGHT CHARGE. CHARGES ON SHIPMENTS OF MISCELLANEOUS FREIGHT, WHICH INCLUDES ARTICLES WEIGHING IN THE AGGREGATE IN EXCESS OF 15 POUNDS PER CUBIC FOOT, MOVING AT " FREIGHT, N.O.S.' RATES, ON VEHICLES ORDERED FOR EXCLUSIVE USE ARE NOT FOR COMPUTATION ON THE BASIS OF CONVERTING THE ACTUAL WEIGHT OF EACH ARTICLE TO A CONSTRUCTIVE WEIGHT OF 15 POUNDS PER CUBIC FOOT UNDER ITEM 95 OF THE PACIFIC STATES MOTOR TARIFF BUREAU U.S. GOVERNMENT RATE QUOTATION NO. 3A, WHICH IS APPLICABLE ONLY TO SHIPMENTS OF A LIGHT AND BULKY NATURE.

TO ALVES SERVICE TRANSPORTATION COMPANY, NOVEMBER 21, 1957:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT CERTIFICATE NO. 660318 DATED MAY 31, 1956, OUR CLAIM NO. TK-590579, WHICH DISALLOWED $105.52 OF YOUR CLAIM FOR $151.27, PER YOUR BILL NO. XA NV-4. THE $105.52 REPRESENTS YOUR CLAIM FOR ADDITIONAL CHARGES ON BILLS OF LADING NOS. N 14201732, N 14217961 AND N 13429164, COVERING SHIPMENTS OF MISCELLANEOUS FREIGHT TRANSPORTED FROM OAKLAND, CALIFORNIA, TO NORTH ISLAND AND SAN PEDRO, CALIFORNIA, DURING 1951.

THE BASIS OF YOUR CLAIMS IS THAT THE CUBIC FOOT RULE, NAMED IN ITEM 120 (A) OF SOUTHWESTERN MOTOR TARIFF BUREAU U.S. GOVERNMENT QUOTATION NO. 1, MUST BE APPLIED TO EACH ARTICLE IN THE SHIPMENT IN COMPUTING THE CHARGES. FOR CHARGE PURPOSES YOU, THEREFORE, WOULD INCREASE THE WEIGHT OF EACH ARTICLE IN A SHIPMENT WEIGHING UNDER 15 POUNDS PER CUBIC FOOT TO THAT WEIGHT, ALTHOUGH THE ACTUAL WEIGHT OF EACH SHIPMENT ON AN OVERALL BASIS IS GREATLY IN EXCESS OF 15 POUNDS PER CUBIC FOOT.

THE BILL OF LADING RECORD ON EACH SHIPMENT INDICATES THAT A SPECIFIC SIZE SEMI-TRAILER WAS REQUESTED AND FURNISHED AND THAT EACH SHIPMENT REQUIRED EXPEDITED SERVICE. IT APPEARS, THEREFORE, THAT THE EXCLUSIVE USE OF EACH VEHICLE WAS REQUESTED, BRINGING THE SHIPMENTS WITHIN THE PURVIEW OF ITEM 110 OF U.S. QUOTATION NO. 1. ITEM 120 (B) OF THE QUOTATION CLEARLY STATES THAT WHEN A SHIPMENT IS COMPLETELY LOADED ON EQUIPMENT ORDERED AND FURNISHED, THE CHARGES ON THE CUBIC FOOT RULE BASIS SHALL NOT EXCEED CHARGES THAT WOULD ACCRUE UNDER THE PROVISIONS OF ITEM 110. THE MEANING OF ITEM 120 (B) SEEMS TO BE THAT THE CUBIC FOOT RULE NAMED IN ITEM 120 (A) IS NOT APPLICABLE ON SHIPMENTS ON WHICH ITEM 110 TAKES PRECEDENCE. THE ACTUAL WEIGHT OF EACH OF THE THREE SHIPMENTS INVOLVED WAS IN EXCESS OF THE MINIMUM WEIGHT REQUIREMENTS OF ITEM 110. AS BEFORE STATED, THE VARIOUS ARTICLES COMPRISING EACH SHIPMENT IN THE AGGREGATE WEIGHED IN EXCESS OF 15 POUNDS PER CUBIC FOOT, AND THERE IS NO JUSTIFICATION FOR THE APPLICATION OF THE CUBIC FOOT RULE TO EACH ARTICLE IN THE INSTANT SHIPMENTS WHICH WERE SUBJECT TO THE " FREIGHT N.O.S.' RATES. ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIMS ON THE AFOREMENTIONED CLAIMS IS SUSTAINED.

CONSIDERATION HAS BEEN GIVEN ALSO TO YOUR REQUESTS FOR REVIEW OF THE SETTLEMENTS MADE UNDER OUR CLAIM NO. TK 591308 (YOUR BILL XA NV 30), AND OUR CLAIM NO. TK 591310 (YOUR BILL NO. XA NV 23), WHICH DISALLOWED YOUR CLAIMS FOR ADDITIONAL FREIGHT CHARGES ON SEVERAL SHIPMENTS OF MISCELLANEOUS FREIGHT, MOVING AT " FREIGHT N.O.S.' RATES. THE SAID CLAIMS ARE ALSO PREMISED ON THE CONTENTION THAT THE ACTUAL WEIGHT OF EACH ARTICLE IN THE SHIPMENT MUST BE CONVERTED TO A CONSTRUCTIVE WEIGHT OF 15 POUNDS PER CUBIC FOOT, IF NOT THAT HEAVY, NOTWITHSTANDING THAT THE WEIGHT OF EACH SHIPMENT ON AN OVERALL BASIS IS MORE THAN 15 POUNDS PER CUBIC FOOT.

ITEM 95 OF PACIFIC STATES MOTOR TARIFF BUREAU U.S. GOVERNMENT RATE QUOTATION NO. 3A PROVIDES THAT ON LIGHT AND BULKY ARTICLES WEIGHING LESS THAN 15 POUNDS PER CUBIC FOOT, CHARGES WILL BE ASSESSED BY APPLYING THE RATE ON THE BASIS OF 15 POUNDS PER CUBIC FOOT OF SPACE OCCUPIED. IT IS NOTED THAT THE ITEM DOES NOT DEFINE OR STATE THE EXTENT OF ITS APPLICATION AS TO MIXED SHIPMENTS MOVING AT " FREIGHT N.O.S.' RATES.

FROM AN EXAMINATION OF OTHER PERTINENT ITEMS IN QUOTATION NO. 3A, IT SEEMS CLEAR THAT ON A SHIPMENT OF MIXED ARTICLES, THE 15 POUND CUBIC FOOT RULE IS TO BE GIVEN EFFECT IN SUCH A WAY AS TO ASSURE THE CARRIER REVENUE COMPUTED ON THE BASIS OF 15 POUNDS PER CUBIC FOOT OF SPACE OCCUPIED IN THE VEHICLE USED TO TRANSPORT A PARTICULAR SHIPMENT. CONSISTENT WITH THIS VIEW ITEM 75 OF QUOTATION NO. 3A, PROVIDING TRUCKLOAD MINIMUM WEIGHTS ON VEHICLES ORDERED FOR EXCLUSIVE USE, AS HERE, SPECIFIES THAT THE CHARGES UNDER THE ITEM SHALL NOT BE LESS THAN THOSE COMPUTED BY THE CUBIC FOOT RULE IN ITEM 95. SINCE ITEM 75 MAKES PROVISION FOR COMPUTING CHARGES ON A TRUCKLOAD SHIPMENT, IT IS CLEAR THAT ITEM 95 IN THAT CONNECTION MUST BE RELATED TO THE TOTAL SHIPMENT.

FURTHERMORE, ITEM 110 WHICH PROVIDES THE BASIS FOR CHARGES ON MIXED SHIPMENTS OTHER THAN THOSE MOVING AT " FREIGHT N.O.S.' RATES, APPLIES, UNDER PARAGRAPH (C): " WHEN TWO OR MORE COMMODITIES ARE INCLUDED IN THE SAME SHIPMENT AND SUCH SHIPMENT DUE TO ITS LIGHT AND BULKY NATURE IS SUBJECT TO ITEM NO. 95 * * *.' ( ITALICS SUPPLIED.) AS THE SHIPMENTS HERE DEFINITELY WERE NOT OF A LIGHT AND BULKY NATURE, EACH WEIGHING IN EXCESS OF 15 POUNDS PER CUBIC FOOT OCCUPIED IN THE VEHICLE USED, THERE IS NO PROPER BASIS FOR SUBJECTING EACH ARTICLE IN THE SHIPMENT TO THE CUBIC FOOT RULE CONCERNED.

ACCORDINGLY, THE SETTLEMENTS WHICH GAVE PROPER EFFECT ON THE PROVISIONS OF QUOTATION NO. 3 IN DISALLOWING YOUR CLAIMS ON THE SHIPMENTS COVERED BY YOUR BILLS XA NV 23 AND XA NV 30 ARE ALSO SUSTAINED.