B-161585, AUGUST 9, 1967, 47 COMP. GEN. 107

B-161585, AUGUST 9, 1967, 47 COMP. GEN. 107

TRANSPORTATION - HOUSEHOLD EFFECTS - HOUSETRAILER SHIPMENTS - PILOT CAR SERVICES THE REIMBURSEMENT OF CHARGES FOR PILOT CAR SERVICES REQUIRED BY STATE LAW IN CONNECTION WITH THE TRANSPORTATION OF A MOBILE DWELLING WHICH ARE ASSESSED UNDER RULE 320 OF A FREIGHT TARRIFF THAT IS DESIGNATED "SPECIAL SERVICE CHARGES" IS NOT PRECLUDED BY SECTION 9.3A (3) OF BUREAU OF THE BUDGET CIRCULAR A-56, THE PROHIBITION IN THE SECTION AGAINST THE PAYMENT OF SPECIAL SERVICES BEING DIRECTED TO THE SPECIAL SERVICES COVERED BY RULE 170 OF THE TARIFF, SUCH AS PACKING, UNPACKING, BLOCKING AND UNBLOCKING HOUSETRAILERS, NECESSARY AND DESIRABLE SERVICES FOR THE USE OF A MOBILE DWELLING BUT WHICH, UNLIKE PILOT CARS REQUIRED BY STATE LAW ARE NOT ESSENTIAL TO THE POINT TO POINT TRANSPORTATION OF A MOBILE DWELLING.

TO NEDRA A. BLACKWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, AUGUST 9, 1967:

YOUR LETTER OF MAY 18, 1967, REFERENCE 360, ENCLOSING A VOUCHER FOR $355.50 IN FAVOR OF MR. GERALD L. BECKER, A CIVILIAN EMPLOYEE OF THE BUREAU OF RECLAMATION, REQUESTS OUR DECISION WHETHER THE VOUCHER, REPRESENTING CHARGES FOR PILOT CAR SERVICE IN CONNECTION WITH THE TRANSPORTATION OF A MOBILE DWELLING, PROPERLY MAY BE CERTIFIED FOR PAYMENT.

THE FACTS OF THE CASE ARE PRESENTED BY YOUR LETTER AS FOLLOWS:

"THE EMPLOYEE WAS REQUIRED TO PAY FOR PILOT CARS AND FLAGGING IN CONNECTION WITH MOVING HIS TRAILER HOUSE FROM ARIZONA TO WASHINGTON. DEPENDING UPON THE SIZE (LENGTH AND/OR WIDTH), PILOT CARS ARE NECESSARY FOR TRANSPORTING TRAILER HOUSES ACCORDING TO THE STATE LAWS, RULES AND REGULATIONS OF HIGHWAY DEPARTMENTS. THROUGH TELEPHONE CONVERSATION WITH A REPRESENTATIVE OF THE LOCAL MORGAN DRIVE-AWAY, INC., WE WERE INFORMED THAT THE SHIPPER HAS THE CHOICE OF DOING THE FLAGGING HIMSELF OR OF HIRING A PILOT CAR. HE ALSO STATED THAT THE CHARGES FOR PILOT CARS ARE LISTED AS A SPECIAL SERVICE CHARGE.'

ALLOWANCE OF THE CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY MR. BECKER FOR THE COST OF PILOT CAR SERVICE WAS DENIED BECAUSE OF SECTION 9.3A (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH READS:

"/3) ALLOWANCES SHALL NOT INCLUDE COSTS OF PREPARING TRAILERS FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR VALUATION OF TRAILERS ABOVE CARRIERS' MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS -SPECIAL SERVICE.-"

THE TARIFF PROVISION PROVIDING THE RATES FOR USE OF THE PILOT CARS INVOLVED IN THIS CASE IS MOBILE HOUSING CARRIERS CONFERENCE, INC., AGENT, FREIGHT TARIFF 10-B, MF-I.C.C. NO. 14, EFFECTIVE OCTOBER 1, 1966, RULE 320, ENTITLED "SPECIAL SERVICE CHARGES (APPLICABLE ONLY WHERE SPECIFIC REFERENCE IS MADE THERETO).' RULE 320 IS MADE APPLICABLE BY REFERENCE IN RULE 340/7), ORIGINAL PAGE NO. 21, EFFECTIVE OCTOBER 1, 1966.

IN ADDITION TO RULE 320,"SPECIAL SERVICE CHARGES" IN FREIGHT TARIFF NO. 10, THERE IS ALSO RULE 170,"SPECIAL SERVICES" WHICH INCLUDES SUCH SPECIAL SERVICES AS PACKING, UNPACKING, BLOCKING AND UNBLOCKING HOUSE TRAILERS WHICH ALSO MAY BE CONSTRUED AS DESIGNATING CHARGES FOR SPECIAL SERVICES WITHIN THE PURVIEW OF SECTION 9.3A (3) OF THE CIRCULAR.

EXAMINATION OF THE PROVISIONS OF SECTION 9.3A (3) SUGGEST THE PROHIBITIONS THEREOF ARE DIRECTED TOWARD SERVICES WHICH, LIKE THOSE COVERED BY RULE 170, ARE NECESSARY OR DESIRABLE FOR THE USE OF A MOBILE DWELLING BUT WHICH, UNLIKE PILOT CARS REQUIRED BY STATE LAW, ARE NOT ESSENTIAL TO ITS TRANSPORTATION FROM POINT TO POINT.

WE ARE OF THE OPINION, THEREFORE, THAT "SPECIAL SERVICE CHARGES" DESIGNATED IN FREIGHT TARIFF NO. 10, ABOVE, ARE NOT THE CHARGES DESIGNATED IN TARIFFS AS "SPECIAL SERVICE," REIMBURSEMENT OF WHICH IS PRECLUDED BY SECTION 9.3A (3) OF CIRCULAR NO. A-56.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF CORRECT IN OTHER RESPECTS.