B-137658, SEP. 8, 1959

B-137658: Sep 8, 1959

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WOOTEN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 20. WE HAVE REVIEWED THE RECORDS PERTAINING TO THE MATTER. THE ADMINISTRATIVE OFFICE HAS REPORTED THAT THE EXCLUSIVE USE OF A VEHICLE WAS NOT REQUESTED. WE CANNOT AGREE THAT INSTRUCTIONS ON THE CRATE ITSELF TO THE EFFECT THAT NO FREIGHT WHICH MIGHT DAMAGE THE ALUMINUM TANK HERE INVOLVED SHOULD BE LOADED ON THE TRAILER IS. ANY PROVISION UNDER WHICH CHARGES MAY BE ASSESSED ON THE BASIS OF THE TRUCKLOAD MINIMUM WEIGHT FOR COMMODITIES WEIGHING LESS THAN THE MINIMUM WEIGHT IN SITUATIONS WHERE EXCLUSIVE USE OF VEHICLE MIGHT HAVE BEEN FURNISHED. YOU HAVE CITED NO AUTHORITY. IS HEREBY AFFIRMED.

B-137658, SEP. 8, 1959

TO MR. J. J. WOOTEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 20, 1959, IN WHICH YOU REQUESTED RECONSIDERATION OF OUR DECISION OF APRIL 14, 1959, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM NO. C AND S 204, AMENDED, FOR ADDITIONAL CHARGES FOR THE TRANSPORTATION OF FREIGHT MOVING ON GOVERNMENT BILL OF LADING AF-2963275.

WE HAVE REVIEWED THE RECORDS PERTAINING TO THE MATTER, AND THE INFORMATION CONTAINED IN YOUR LETTER OF MAY 20, 1959, HAS BEEN GIVEN DUE CONSIDERATION. AS WE POINTED OUT IN OUR DECISION OF APRIL 14, 1959, THE ADMINISTRATIVE OFFICE HAS REPORTED THAT THE EXCLUSIVE USE OF A VEHICLE WAS NOT REQUESTED. WE CANNOT AGREE THAT INSTRUCTIONS ON THE CRATE ITSELF TO THE EFFECT THAT NO FREIGHT WHICH MIGHT DAMAGE THE ALUMINUM TANK HERE INVOLVED SHOULD BE LOADED ON THE TRAILER IS, AS YOU SUGGEST, TECHNICALLY A REQUEST FOR EXCLUSIVE USE OF THE VEHICLE. MOREOVER, AS WE INDICATED IN OUR PREVIOUS DECISION, NEITHER NATIONAL MOTOR FREIGHT CLASSIFICATION NO. 12, NOR ROCKY MOUNTAIN MOTOR TARIFF BUREAU, TARIFF NO. 5-A, MF-I.C.C. NO. 31, CONTAINED, AT THE TIME OF THE INSTANT SHIPMENT, ANY PROVISION UNDER WHICH CHARGES MAY BE ASSESSED ON THE BASIS OF THE TRUCKLOAD MINIMUM WEIGHT FOR COMMODITIES WEIGHING LESS THAN THE MINIMUM WEIGHT IN SITUATIONS WHERE EXCLUSIVE USE OF VEHICLE MIGHT HAVE BEEN FURNISHED. YOU HAVE CITED NO AUTHORITY, AND NONE HAS COME TO OUR ATTENTION, FOR ASSESSING CHARGES FOR THE INSTANT SHIPMENT ON SUCH BASIS.

ACCORDINGLY, OUR DECISION OF APRIL 14, 1959, IS HEREBY AFFIRMED. THE OVERPAYMENT OF $177.46 ..END :