B-166428, JUL. 9, 1969

B-166428: Jul 9, 1969

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FOR EXCLUSIVE USE CHARGES WAS DISALLOWED FOR THE REASON THAT THE COVERING GOVERNMENT BILL OF LADING WAS NOT ANNOTATED TO SHOW THAT EXCLUSIVE USE WAS "REQUESTED" AS REQUIRED BY ITEM 2400-A. THE BILL OF LADING ON ISSUANCE DID BEAR A BLANK SPACE FOR EXECUTION BY THE CARRIER'S AGENT CALLING UPON HIM TO CERTIFY THAT EXCLUSIVE USE SERVICE WAS FURNISHED FROM ORIGIN TO DESTINATION. THE BILL OF LADING INDICATES THE TRUCK WAS SEALED. THE CERTIFICATE THAT EXCLUSIVE USE WAS FURNISHED WAS EXECUTED BY THE CARRIER'S AGENT. THE ORIGINATING TRANSPORTATION OFFICE INDICATES EXCLUSIVE USE OF VEHICLE WAS ACTUALLY REQUESTED. HELD THAT THE CERTIFICATION ON THE BILL OF LADING USED HERE REASONABLY APPRISES THE CARRIER THAT THE SHIPPER IS REQUESTING THE EXCLUSIVE USE OF ITS VEHICLE AND CONSTITUTES SUFFICIENT COMPLIANCE WITH A TARIFF REQUIREMENT THAT A NOTATION INDICATING THAT THE SHIPPER REQUESTS EXCLUSIVE USE OF THE VEHICLE BE SHOWN ON THE BILL OF LADING.

B-166428, JUL. 9, 1969

TO RYDER TRUCK LINES, INC.:

WE REFER AGAIN TO YOUR LETTER OF MARCH 10, 1969, IN WHICH YOU REQUEST REVIEW OF THE DISALLOWANCE OF THE CLAIM BY BROWN EXPRESS, INC., IN THE AMOUNT OF $990 ALLEGED BY BROWN EXPRESS, INC., TO BE DUE FOR EXCLUSIVE USE OF VAN SERVICES RENDERED UNDER GOVERNMENT BILL OF LADING D-0032542 DATED JUNE 1, 1966, IN WHICH YOUR CORPORATION PARTICIPATED AS ORIGIN CARRIER.

BY SETTLEMENT CERTIFICATE OF MAY 108 1968, THE CLAIM OF THE DESTINATION CARRIER, BROWN EXPRESS, INC., FOR EXCLUSIVE USE CHARGES WAS DISALLOWED FOR THE REASON THAT THE COVERING GOVERNMENT BILL OF LADING WAS NOT ANNOTATED TO SHOW THAT EXCLUSIVE USE WAS "REQUESTED" AS REQUIRED BY ITEM 2400-A, SUPP. 7, SOUTHERN MOTOR CARRIERS RATE CONFERENCE TARIFF 517-W, MF-I.C.C. NO. 1389. HOWEVER, THE BILL OF LADING ON ISSUANCE DID BEAR A BLANK SPACE FOR EXECUTION BY THE CARRIER'S AGENT CALLING UPON HIM TO CERTIFY THAT EXCLUSIVE USE SERVICE WAS FURNISHED FROM ORIGIN TO DESTINATION. THE BILL OF LADING INDICATES THE TRUCK WAS SEALED. THE CERTIFICATE THAT EXCLUSIVE USE WAS FURNISHED WAS EXECUTED BY THE CARRIER'S AGENT. AND, THE ORIGINATING TRANSPORTATION OFFICE INDICATES EXCLUSIVE USE OF VEHICLE WAS ACTUALLY REQUESTED.

THE COURT OF CLAIMS IN CAMPBELL "66" EXPRESS, INC. V UNITED STATES, 302 F.2D 270 (1962), HELD THAT THE CERTIFICATION ON THE BILL OF LADING USED HERE REASONABLY APPRISES THE CARRIER THAT THE SHIPPER IS REQUESTING THE EXCLUSIVE USE OF ITS VEHICLE AND CONSTITUTES SUFFICIENT COMPLIANCE WITH A TARIFF REQUIREMENT THAT A NOTATION INDICATING THAT THE SHIPPER REQUESTS EXCLUSIVE USE OF THE VEHICLE BE SHOWN ON THE BILL OF LADING.

ON REVIEW, WE FIND THAT THE SUBJECT CLAIM IS GOVERNED BY THE DOCTRINE OF CAMPBELL "66" EXPRESS, INC. V UNITED STATES, SUPRA, AND HAVE RETURNED THE CLAIM TO OUR TRANSPORTATION DIVISION WITH INSTRUCTIONS TO ALLOW TO BROWN EXPRESS, AS DESTINATION CARRIER IN ACCORDANCE WITH THE TERM OF THE BILL OF LADING CONTRACT, SUCH AMOUNT AS IS FOUND TO BE DUE ON THE BASIS OF THE EXCLUSIVE USE OF THE VEHICLE. A COPY OF THIS DECISION IS BEING SENT TO BROWN EXPRESS, INC. ..END :