B-138944, APR. 5, 1961
Highlights
YOU ASK WHAT INFORMATION OR DOCUMENTATION WILL BE REQUIRED BY US TO ESTABLISH THAT EXCLUSIVE-USE OF- VEHICLE SERVICE WAS ACCORDED TO THE GOVERNMENT SHIPMENTS MOVING UNDER BILLS OF LADING N-8220341 AND WY-6920325 (YOUR BILL NOS. 99-001 AND 99- 011). THE SETTLEMENT ACTION TAKEN ON YOUR CLAIMS FOR ADDITIONAL CHARGES ON THESE TWO SHIPMENTS WAS CONSIDERED IN OUR DECISION OF JANUARY 24. THE DISALLOWANCE OF YOUR CLAIMS WAS SUSTAINED BECAUSE THERE WAS NOTHING IN OUR RECORDS TO SHOW THAT EXCLUSIVE-USE SERVICE WAS ACTUALLY PERFORMED. THE BEST INDICATION THAT EXCLUSIVE-USE SERVICES WERE ACTUALLY PERFORMED APPEARS TO BE PROVIDED BY A SHOWING OF A CLEAR SEAL RECORD ON THE BILL OF LADING. THAT IS. A SHOWING THAT THE SHIPMENT WAS SEALED AT ORIGIN WITH NO INDICATION THAT THE SEALS WERE NOT INTACT WHEN THE SHIPMENT ARRIVED AT DESTINATION.
B-138944, APR. 5, 1961
TO CENTRAL TRUCK LINES, INC:
IN YOUR LETTER OF MARCH 10, 1961, YOU ASK WHAT INFORMATION OR DOCUMENTATION WILL BE REQUIRED BY US TO ESTABLISH THAT EXCLUSIVE-USE OF- VEHICLE SERVICE WAS ACCORDED TO THE GOVERNMENT SHIPMENTS MOVING UNDER BILLS OF LADING N-8220341 AND WY-6920325 (YOUR BILL NOS. 99-001 AND 99- 011). THE SETTLEMENT ACTION TAKEN ON YOUR CLAIMS FOR ADDITIONAL CHARGES ON THESE TWO SHIPMENTS WAS CONSIDERED IN OUR DECISION OF JANUARY 24, 1961, B-138944, AND THE DISALLOWANCE OF YOUR CLAIMS WAS SUSTAINED BECAUSE THERE WAS NOTHING IN OUR RECORDS TO SHOW THAT EXCLUSIVE-USE SERVICE WAS ACTUALLY PERFORMED.
THE BEST INDICATION THAT EXCLUSIVE-USE SERVICES WERE ACTUALLY PERFORMED APPEARS TO BE PROVIDED BY A SHOWING OF A CLEAR SEAL RECORD ON THE BILL OF LADING, THAT IS, A SHOWING THAT THE SHIPMENT WAS SEALED AT ORIGIN WITH NO INDICATION THAT THE SEALS WERE NOT INTACT WHEN THE SHIPMENT ARRIVED AT DESTINATION. IN THE ABSENCE OF SUCH A CLEAR SEAL RECORD, AS HERE, WE WILL CONSIDER WHATEVER DOCUMENTARY EVIDENCE YOU CARE TO SUBMIT WHICH REASONABLY ESTABLISHES THAT EXCLUSIVE-USE-OF VEHICLE SERVICES WERE RENDERED. FOR EXAMPLE, SATISFACTORY EVIDENCE MAY TAKE THE FORM OF A CERTIFICATION ON THE BILL OF LADING IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SHIPPING ADMINISTRATIVE AGENCY, OR TRUE COPIES OF CARRIER'S RECORDS MADE CONTEMPORANEOUSLY AT THE TIME OF SHIPMENT EVIDENCING THAT NO OTHER FREIGHT WAS TRANSPORTED ON THE TRUCK OR TRUCKS ON WHICH THE SHIPMENT MOVED. IT IS UNDERSTOOD THERE ARE VARIOUS TYPES OF RECORDS PREPARED BY CARRIERS IN THEIR NORMAL BUSINESS OPERATIONS, WHICH MAY CONTAIN SUFFICIENT PERTINENT INFORMATION TO SATISFACTORILY ESTABLISH THE PERFORMANCE OF EXCLUSIVE USE SERVICES. SOME OF THESE ARE: ROAD MANIFESTS OR CONSISTS, TRIP TICKETS AND REPORTS, DISPATCH SHEETS AND OTHER DOCUMENTS WHICH DESCRIBE THE CARGO CARRIED ON THE VEHICLE WHILE EN ROUTE. THE CARRIERS PARTICIPATING IN THESE PARTICULAR FREIGHT MOVEMENTS MAY HAVE IN THEIR POSSESSION SUCH FORMS OR SIMILAR TYPE FORMS WHICH SUPPORT YOUR CONTENTION THAT EXCLUSIVE-USE SERVICES WERE RENDERED. SINCE NOT ALL OF THE MOTOR CARRIERS EMPLOY THE SAME TYPE OF BUSINESS FORMS IN THE CONDUCT OF THEIR OPERATIONS, HOWEVER, WE ARE UNABLE TO ADVISE YOU AS TO THE SPECIFIC DOCUMENTS WHICH MAY HAVE BEEN USED BY THE CARRIERS PARTICIPATING IN THESE MOVEMENTS.
IS YOU ARE ABLE TO FURNISH TRUE COPIES OF CARRIER'S RECORDS MADE IN THE COURSE OF THEIR BUSINESS AT THE TIME THE FREIGHT MOVED AND WHICH REASONABLE ESTABLISH THAT EXCLUSIVE USE OF VEHICLES WERE FURNISHED FOR THE ENTIRE FREIGHT MOVEMENTS, FROM POINTS OF ORIGIN TO DESTINATION, WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIMS FOR ADDITIONAL CHARGES BASED ON THE FURNISHING OF THE EXCLUSIVE USE OF VEHICLES TO PERFORM THE TRANSPORTATIONS SERVICES. IF THE COPIES OF RECORDS FURNISHED ARE SUCH THAT AN EXPLANATION THEREOF IS NECESSARY TO ESTABLISH THAT EXCLUSIVE USE WAS FURNISHED FOR THE FULL DISTANCE FROM POINTS OF ORIGIN TO DESTINATION, SUCH EXPLANATION SHOULD ACCOMPANY THE DOCUMENTARY EVIDENCE RELIED UPON.