B-151306, OCT. 18, 1963

B-151306: Oct 18, 1963

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TO UNION PACIFIC RAILROAD COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. THE CHARGES FOR THIS TRANSPORTATION WERE ALLOWED ON THE BASIS OF A CLASS 45 RATING AND RATE OF $1.40 PER 100 POUNDS. AT THE TIME OUR SETTLEMENT CERTIFICATE WAS ISSUED IT WAS BELIEVED THAT THE ARTICLE SHIPPED WAS PROPERLY DESCRIBED AS A LIFT TRUCK IN ACCORDANCE WITH ITEM 93440 OF UNIFORM FREIGHT CLASSIFICATION NO. 5. IS A SPECIALLY DESIGNED VEHICLE. THE VEHICLE IS A 5- TON. THE MACHINERY MOUNTED ON THE CHASSIS IS OPERATED BY A POWER TAKE-OFF FROM THE CHASSIS ENGINE. THE EMPTY WEIGHT OF THE VEHICLE IS. WHICH INDICATES THAT A CONSIDERABLE AMOUNT OF EQUIPMENT IS INCLUDED INTO THIS VEHICLE. IT IS A SPECIAL TYPE OF WORKING VEHICLE DESIGNED TO PERFORM SPECIAL FUNCTIONS IN WHICH MOBILITY IN THE FORM OF SELF-PROPULSION IS REQUIRED TO ACHIEVE ITS DESIRED PURPOSE.

B-151306, OCT. 18, 1963

TO UNION PACIFIC RAILROAD COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1963, FILE GW 290627, IN WHICH YOU REQUESTED REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JANUARY 7, 1963 (CLAIM FILE TK-743252), DISALLOWING YOUR BILL NO. W-290627 -A FOR $337.50 ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF ONE COMPACTION TYPE GARBAGE TRUCK, WEIGHING 27,000 POUNDS, TRANSPORTED FROM LAS VEGAS, NEVADA, TO EAST LOS ANGELES, CALIFORNIA, ON GOVERNMENT BILL OF LADING AF- 947516, DURING SEPTEMBER 1960.

THE CHARGES FOR THIS TRANSPORTATION WERE ALLOWED ON THE BASIS OF A CLASS 45 RATING AND RATE OF $1.40 PER 100 POUNDS. AT THE TIME OUR SETTLEMENT CERTIFICATE WAS ISSUED IT WAS BELIEVED THAT THE ARTICLE SHIPPED WAS PROPERLY DESCRIBED AS A LIFT TRUCK IN ACCORDANCE WITH ITEM 93440 OF UNIFORM FREIGHT CLASSIFICATION NO. 5. UPON RECEIPT OF YOUR REQUEST FOR REVIEW OF THIS SETTLEMENT BASIS, WE INVESTIGATED THE PROPER DESCRIPTION OF THE ARTICLE, AND FOUND THAT THE LIFT TRUCK DESCRIPTION DOES NOT SEEM TO BE ADEQUATE.

THE ARTICLE SHIPPED, IN THE TERMS OF DEPARTMENT OF THE ARMY TECHNICAL MANUAL TM 5-9255, DATED MARCH 1953, IS A SPECIALLY DESIGNED VEHICLE, BUILT FOR THE PURPOSE OF HANDLING GARBAGE AND OTHER REFUSE. THE VEHICLE IS A 5- TON, 4 BY 2 CHASSIS, WITH A CONSIDERABLE AMOUNT OF MACHINERY MOUNTED IN A LARGE 15 CUBIC-YARD CARRYING CAPACITY BODY. THE MACHINE HAS HYDRAULIC HOISTS AND RAM-PACKING" FACILITIES FOR THE PURPOSE OF COMPRESSING THE LOAD INTO GREATER DENSITY FOR SPACE CONSERVING PURPOSES. THE MACHINERY MOUNTED ON THE CHASSIS IS OPERATED BY A POWER TAKE-OFF FROM THE CHASSIS ENGINE. THE EMPTY WEIGHT OF THE VEHICLE IS, AS INDICATED ON THE BILL OF LADING, APPROXIMATELY 27,000 POUNDS. DEPARTMENT OF THE ARMY TECHNICAL MANUAL 9- 2800 INDICATES THAT A 5-TON, 4 BY 2 CHASSIS, WEIGHS APPROXIMATELY 15,000 POUNDS. THUS THE SPECIAL EQUIPMENT MOUNTED THEREON WEIGHS ALMOST 12,000 POUNDS, WHICH INDICATES THAT A CONSIDERABLE AMOUNT OF EQUIPMENT IS INCLUDED INTO THIS VEHICLE.

IN ANALYZING THE EQUIPMENT HERE SHIPPED, WE BELIEVE IT TO EXCEED THE ORDINARY LIMITATIONS OF A FREIGHT VEHICLE AS DESCRIBED IN ITEM 93340 OF THE CLASSIFICATION. IT IS A SPECIAL TYPE OF WORKING VEHICLE DESIGNED TO PERFORM SPECIAL FUNCTIONS IN WHICH MOBILITY IN THE FORM OF SELF-PROPULSION IS REQUIRED TO ACHIEVE ITS DESIRED PURPOSE. WE RECENTLY HELD THAT A SIMILAR VEHICLE, KNOWN AS A ,DEMPSTER DUMPSTER" WAS PROPERLY RATABLE AS "MACHINERY OR MACHINES, NOIBN, SU" DESCRIBED IN ITEM 63220 OF THE UNIFORM FREIGHT CLASSIFICATION. SEE THE ENCLOSED COPY OF OUR DECISION B-150446, DATED MAY 9, 1963, TO THE SOUTHERN PACIFIC COMPANY. WE HOLD THAT RATING IS EQUALLY APPLICABLE TO THE COMPACTION TYPE GARBAGE TRUCK HERE SHIPPED.

SINCE THE MACHINERY RATING, LIKE THE LIFT TRUCK RATING USED IN THE SETTLEMENT CERTIFICATE, IS CLASS 45, NO REVISION OF THE SETTLEMENT IS REQUIRED, AND IT ACCORDINGLY IS SUSTAINED.