B-157607, FEB. 11, 1966

B-157607: Feb 11, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. WAS PAID IN THE AMOUNT OF $185.13. LATER YOU WERE PAID AN ADDITIONAL $120.12 OF $375.87 CLAIMED. YOU HAVE BEEN PAID A TOTAL OF $305.25 FOR THE SUBJECT TRANSPORTATION. A 3158452 SHOWS THAT A VEHICLE 35 FEET IN LENGTH WAS ORDERED AND THAT A 40-FOOT VEHICLE WAS FURNISHED. CERTAIN SEAL REFERENCES ARE SHOWN ON THE BILL OF LADING. IS SHOWN IN ANY SHIPPING DOCUMENTATION IN OUR RECORD. MORE THAN A YEAR AFTER THE SHIPMENT WAS TRANSPORTED. SHOULD HAVE BEEN NOTATED THAT THE VEHICLE WAS TO BE USED EXCLUSIVELY FOR THIS LOAD" AND THAT "THE NOTATION WAS INADVERTENTLY OMITTED.'. YOU TAKE THE POSITION THAT THE INFORMATION SHOWN ON THE GOVERNMENT BILL OF LADING AND THE FACT THAT THE BUREAU OF NAVAL WEAPONS REPORTEDLY OMITTED INCLUDING AN APPROPRIATE NOTATION ON THE GOVERNMENT BILL OF LADING AT TIME OF SHIPMENT TO SHOW THAT EXCLUSIVE USE WAS REQUESTED ARE ADEQUATE TO ENTITLE YOU TO CHARGES BASED ON A CONSTRUCTIVE WEIGHT OF 17.

B-157607, FEB. 11, 1966

TO ALLIED VAN LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1966, AND EARLIER LETTER REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED MARCH 9, 1965 (TK-777235) WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. CB 15634 FOR $526.34.

ON THAT SUPPLEMENTAL BILL YOU STATED ADDITIONAL CHARGES ON A SHIPMENT OF ELECTRICAL INSTRUMENTS AND OTHER ARTICLES MOVING FROM PORT COLUMBUS, OHIO, TO SANFORD, FLORIDA, UNDER GOVERNMENT BILL OF LADING NO. A 3158452, IN NOVEMBER 1963. YOUR ORIGINAL BILL, CB 15634, WAS PAID IN THE AMOUNT OF $185.13, AS CLAIMED, ON THE BASIS OF 3,300 POUNDS AT $5.61 PER HUNDRED POUNDS FOR 929 MILES. LATER YOU WERE PAID AN ADDITIONAL $120.12 OF $375.87 CLAIMED. THUS, YOU HAVE BEEN PAID A TOTAL OF $305.25 FOR THE SUBJECT TRANSPORTATION, AND YOU CLAIM A BALANCE OF $526.53.

BILL OF LADING NO. A 3158452 SHOWS THAT A VEHICLE 35 FEET IN LENGTH WAS ORDERED AND THAT A 40-FOOT VEHICLE WAS FURNISHED. CERTAIN SEAL REFERENCES ARE SHOWN ON THE BILL OF LADING. NO REQUEST FOR EXCLUSIVE USE, AS REQUIRED BY RULE 5 OF ALLIED VAN LINES TARIFF NO. 101-C, MF I.C.C. NO. 114, IS SHOWN IN ANY SHIPPING DOCUMENTATION IN OUR RECORD. IN A LETTER DATED JANUARY 29, 1965, MORE THAN A YEAR AFTER THE SHIPMENT WAS TRANSPORTED, THE BUREAU OF NAVAL WEAPONS REPRESENTATIVE AT COLUMBUS, OHIO, REPORTED TO OUR OFFICE THAT THE GOVERNMENT BILL OF LADING ,SHOULD HAVE BEEN NOTATED THAT THE VEHICLE WAS TO BE USED EXCLUSIVELY FOR THIS LOAD" AND THAT "THE NOTATION WAS INADVERTENTLY OMITTED.'

YOU TAKE THE POSITION THAT THE INFORMATION SHOWN ON THE GOVERNMENT BILL OF LADING AND THE FACT THAT THE BUREAU OF NAVAL WEAPONS REPORTEDLY OMITTED INCLUDING AN APPROPRIATE NOTATION ON THE GOVERNMENT BILL OF LADING AT TIME OF SHIPMENT TO SHOW THAT EXCLUSIVE USE WAS REQUESTED ARE ADEQUATE TO ENTITLE YOU TO CHARGES BASED ON A CONSTRUCTIVE WEIGHT OF 17,150 POUNDS AT $4.85 PER HUNDRED POUNDS RESULTING IN TOTAL CHARGES OF $831.78 AND LEAVING A BALANCE DUE OF $526.53 ($837.78 LESS $305.25).

THE CONSTRUCTIVE WEIGHT OF 17,150 POUNDS IS DERIVED FROM SECTION (C), RULE 5 OF ALLIED VAN LINES TARIFF NO. 101-C, MF-I.C.C. NO. 114, AS A MINIMUM WEIGHT COMPUTED ON THE BASIS OF 7 POUNDS PER CUBIC FOOT FOR 2,450 CUBIC FEET, WHICH YOU SAY IS THE CAPACITY OF THE 35-FOOT TRAILER ORDERED BY THE SHIPPER. BUT YOUR TENDER I.C.C. NO. 1169 AUTHORIZES USE OF A MINIMUM WEIGHT OF 10,000 POUNDS FOR THIS TYPE OF TRAFFIC. AS YOU SEEM TO RECOGNIZE, SECTION (C) OF RULE 5 REQUIRES THAT THE BILL OF LADING AND FREIGHT BILL BE MARKED OR STAMPED: "EXCLUSIVE USE OF A VEHICLE OF ----- CU. FT. CAPACITY ORDERED BY SHIPPER

SHIPMENT MOVING AT WEIGHT OF ------ POUNDS

ACTUAL WEIGHT -------- POUNDS.'

THE BILL OF LADING WAS NOT SO ANNOTATED AND, THEREFORE, DID NOT COMPLY WITH THE TARIFF RULE. IN THE ABSENCE OF SUCH A NOTATION OR SOMETHING SUBSTANTIALLY SIMILAR IN THE SHIPPING DOCUMENTS, WE CANNOT AUTHORIZE PAYMENT OF EXCLUSIVE USE CHARGES BASED ON THE CONSTRUCTIVE WEIGHT OF 17,150 POUNDS. AND THE LETTER OF JANUARY 29, 1965, FROM THE BUREAU OF NAVAL WEAPONS REPRESENTATIVE, DOES NOT SERVE TO ESTABLISH THAT THE CARRIER PROPERLY MAY RECEIVE PAYMENT ON THE BASIS OF THAT CONSTRUCTIVE WEIGHT. GUS BLASS CO. V. POWELL BROS. TRUCK LINE, 53 M.C.C. 603. HOWEVER, SINCE IT APPEARS THAT THE VEHICLE USED WAS SEALED BY THE SHIPPER AT ORIGIN AND THAT THE SEALS WERE NOT BROKEN UNTIL THE SHIPMENT WAS DELIVERED AT DESTINATION, WE BELIEVE THAT THE CARRIER IS ENTITLED TO TOTAL CHARGES OF $561 BASED ON A RATE OF $5.61 PER HUNDRED POUNDS APPLIED TO A MINIMUM WEIGHT OF 10,000 POUNDS, AS PROVIDED IN ALLIED VAN LINES TENDER NO. I.C.C. 1169. SUCH A COMPUTATION PRODUCES ADDITIONAL ALLOWABLE CHARGES OF $255.75, SINCE YOU HAVE ALREADY BEEN PAID $305.25. WE ARE AUTHORIZING OUR TRANSPORTATION DIVISION TO ISSUE SETTLEMENT ON THAT BASIS AND YOU SHOULD RECEIVE NOTICE OF THE ADDITIONAL ALLOWANCE IN DUE COURSE.