B-148580, JUL. 5, 1962
Highlights
TO ILLINOIS-CALIFORNIA EXPRESS: REFERENCE IS MADE TO YOUR LETTER OF MARCH 28. YOU URGE THAT EXCLUSIVE-USE SERVICE WAS PERFORMED FOR THIS SHIPMENT. SINCE THE VEHICLE WAS LOADED AND SEALED BY THE SHIPPER AND STATE THE TRAILER ARRIVED WITH SEALS INTACT. THE CARRIER WILL FURNISH A VEHICLE * * * WHICH VEHICLE WILL BE ASSIGNED TO. ONLY ONE VEHICLE PER SHIPMENT WILL BE FURNISHED AND A BILL OF LADING. THE TARIFF REQUIRES WHERE EXCLUSIVE USE OF A VEHICLE IS REQUESTED THAT THE BILL OF LADING BEAR AN ANNOTATION INDICATING SUCH REQUEST. SUCH NOTATION WAS MADE ON BILL OF LADING B-0592745. IT IS NOTED ALSO THAT THE REVERSE SIDE OF THE GOVERNMENT BILL OF LADING UNDER PARAGRAPH 2 OF THE HEADING "ADMINISTRATIVE DIRECTIONS" PROVIDES IN PERTINENT PART AS FOLLOWS: "WHERE ACCESSORIAL OR SPECIAL SERVICES ARE ORDERED INCIDENT TO LINE HAUL TRANSPORTATION.
B-148580, JUL. 5, 1962
TO ILLINOIS-CALIFORNIA EXPRESS:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 28, 1962, FILE I.C.X. PRO NO. 128-87671-4-3-61 (GAO TK-657761), ACKNOWLEDGED APRIL 9, 1962, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 26, 1962, WHICH DISALLOWED YOUR CLAIM FOR EXCLUSIVE USE OF VEHICLE CHARGES OF $847.35, PER YOUR SUPPLEMENTAL BILL 614-61, IN THE TRANSPORTATION OF MIXED MILITARY ITEMS, WEIGHING 20,212 POUNDS, FROM RED RIVER ARSENAL, DEFENSE, TEXAS, TO TRAVIS AIR FORCE BASE, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING B- 0592745 DATED MARCH 31, 1961.
YOU URGE THAT EXCLUSIVE-USE SERVICE WAS PERFORMED FOR THIS SHIPMENT, SINCE THE VEHICLE WAS LOADED AND SEALED BY THE SHIPPER AND STATE THE TRAILER ARRIVED WITH SEALS INTACT.
THE APPLICABLE TARIFF REQUIREMENT, AS SET OUT IN PARAGRAPH 2, ITEM 940 OF SECTION 6 OF THE RULES AND REGULATIONS OF THE ROCKY MOUNTAIN MOTOR TARIFF BUREAU TARIFF NO. 20C, MF-I.C.C. NO. 123, READS IN PART:
"UPON REQUEST OF THE CONSIGNOR, THE CARRIER WILL FURNISH A VEHICLE * * * WHICH VEHICLE WILL BE ASSIGNED TO, AND EXCLUSIVELY USED BY THE CARRIER FOR, THE TRANSPORTATION OF THE SHIPMENT. ONLY ONE VEHICLE PER SHIPMENT WILL BE FURNISHED AND A BILL OF LADING, BEARING A NOTATION INDICATING THAT THE SHIPPER REQUESTS SUCH EXCLUSIVE USE OF THE VEHICLE, MUST BE PROVIDED FOR EACH SUCH SHIPMENT. * * *"
THUS, THE TARIFF REQUIRES WHERE EXCLUSIVE USE OF A VEHICLE IS REQUESTED THAT THE BILL OF LADING BEAR AN ANNOTATION INDICATING SUCH REQUEST. SUCH NOTATION WAS MADE ON BILL OF LADING B-0592745.
IT IS NOTED ALSO THAT THE REVERSE SIDE OF THE GOVERNMENT BILL OF LADING UNDER PARAGRAPH 2 OF THE HEADING "ADMINISTRATIVE DIRECTIONS" PROVIDES IN PERTINENT PART AS FOLLOWS:
"WHERE ACCESSORIAL OR SPECIAL SERVICES ARE ORDERED INCIDENT TO LINE HAUL TRANSPORTATION, SUCH AS EXCLUSIVE USE OF CAR OR TRUCK * * * THE BILL OF LADING SHALL BE INDORSED TO SHOW THE NAME OF THE CARRIER UPON WHICH THE REQUEST WAS MADE, AND THE KIND AND SCOPE OF THE SPECIAL SERVICES ORDERED. THIS INDORSEMENT MAY BE PLACED ON THE FACE HEREOF UNDER THE "DESCRIPTION OF ARTICLES" OR IN THE BLOCK RESERVED FOR "MARKS," IF SPACE IS AVAILABLE, OR IN THE SPACE PROVIDED ON THIS PAGE FOR "SPECIAL SERVICES" AND SHALL BE SIGNED BY OR FOR THE PERSON WHO ORDERED THE SERVICES.'
THERE IS NO INDORSEMENT TO SHOW EXCLUSIVE USE OF VEHICLE WAS REQUESTED.
IT IS ALSO NOTED THAT ITEM 934 OF THE ABOVE-NAMED TARIFF PROVIDES THAT, EXCEPT AS OTHERWISE SET FORTH, EXCLUSIVE USE WILL NOT BE FURNISHED AND THE CARRIERS, AT THEIR OPTION AND CONVENIENCE, MAY REMOVE SEALS OR LOCKS FROM VEHICLES WHICH HAVE BEEN APPLIED BY SHIPPERS. THEREFORE, UNDER THIS PROVISION OF THE TARIFF MORE GOODS COULD HAVE BEEN LOADED UPON THE VEHICLE IN THE USABLE SPACE AVAILABLE.
ALTHOUGH THE WORDS "EMERGENCY RRA ROUTING" APPEAR ON THE BILL OF LADING, THERE IS NO NOTATION IN COMPLIANCE WITH THE TARIFF REQUIREMENT PROVISION UNDER ITEM 940, TO SHOW THAT THE SHIPPER REQUESTED EXCLUSIVE USE OF THE VEHICLE. IN THE ABSENCE OF SUCH A NOTATION EXCLUSIVE-USE CHARGES ARE NOT ALLOWABLE. SEE GUS BLASS COMPANY V. POWELL TRUCK LINE, 53 M.C.C. 603. ACCORDINGLY, OUR ..END :