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B-172370, APR 9, 1971

B-172370 Apr 09, 1971
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TRANSPORTATION CHARGES - TIME BARRED DECISION HOLDING THAT THE ACTION TAKEN BY TRANSPORTATION DIVISION IN ADVISING THAT CLAIM FOR $340 FOR FREIGHT SERVICES IN 1965 WAS BARRED AND COULD NOT BE ALLOWED WAS PROPER. BECAUSE CLAIM WAS NOT RECEIVED AT GAO WITHIN 3-YEARS FROM TIME IT ACCRUED. TO WHICH CLAIMANT IS SUBJECT. THE ACTION BY THE TRANSPORTATION DIVISION IN DISALLOWING THE CLAIM WAS PROPER AND MUST BE SUSTAINED. WE MUST CONCLUDE THAT THE ACTION TAKEN IN ADVISING YOU THAT SUCH CLAIM WAS BARRED AND COULD NOT BE ALLOWED WAS THE ONLY PROPER DISPOSITION THAT COULD HAVE BEEN MADE UNDER THE APPLICABLE LAW AND REGULATIONS. YOU STATE THAT YOUR INVOICE J-326 FOR THE BILL OF LADING WAS FORWARDED TO THE UNITED STATES ARMY FINANCE CENTER SHORTLY AFTER SERVICES ON THE BILL HAD BEEN COMPLETED ON OCTOBER 13.

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B-172370, APR 9, 1971

TRANSPORTATION CHARGES - TIME BARRED DECISION HOLDING THAT THE ACTION TAKEN BY TRANSPORTATION DIVISION IN ADVISING THAT CLAIM FOR $340 FOR FREIGHT SERVICES IN 1965 WAS BARRED AND COULD NOT BE ALLOWED WAS PROPER. BECAUSE CLAIM WAS NOT RECEIVED AT GAO WITHIN 3-YEARS FROM TIME IT ACCRUED, SUCH CLAIM MUST BE FOREVER BARRED PURSUANT TO SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 72 STAT. 860, 49 U.S.C. 66, TO WHICH CLAIMANT IS SUBJECT. THEREFORE, THE ACTION BY THE TRANSPORTATION DIVISION IN DISALLOWING THE CLAIM WAS PROPER AND MUST BE SUSTAINED.

TO DAILY EXPRESS, INC.:

WE REFER TO YOUR LETTER OF JANUARY 21, 1971, CONCERNING YOUR CLAIM - CLAIM NO. TK-918579 - FOR $340, FOR FREIGHT SERVICES RENDERED PURSUANT TO GOVERNMENT BILL OF LADING NO. A-6976662, ISSUED ON OCTOBER 11, 1965. YOU ASK US TO REVIEW THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION AS REGARDS THIS CLAIM. AFTER A THOROUGH STUDY OF THE RECORD, WE MUST CONCLUDE THAT THE ACTION TAKEN IN ADVISING YOU THAT SUCH CLAIM WAS BARRED AND COULD NOT BE ALLOWED WAS THE ONLY PROPER DISPOSITION THAT COULD HAVE BEEN MADE UNDER THE APPLICABLE LAW AND REGULATIONS.

YOU STATE THAT YOUR INVOICE J-326 FOR THE BILL OF LADING WAS FORWARDED TO THE UNITED STATES ARMY FINANCE CENTER SHORTLY AFTER SERVICES ON THE BILL HAD BEEN COMPLETED ON OCTOBER 13, 1965. FOR SOME REASON, HOWEVER, THE BILL WAS NOT PROCESSED BY THE FINANCE CENTER FOR PAYMENT. YOU MADE NO FURTHER COLLECTION EFFORTS ON THE BILL UNTIL AUGUST 1970, AT WHICH TIME YOU AGAIN SUBMITTED IT TO THE FINANCE CENTER. BECAUSE OF THE GREAT AMOUNT OF TIME THAT HAD ELAPSED, ALMOST FIVE YEARS, SINCE A CAUSE OF ACTION HAD ACCRUED ON THE BILL ON OCTOBER 13, 1965, THE FINANCE CENTER FORWARDED YOUR CLAIM TO THE GENERAL ACCOUNTING OFFICE, WHERE IT WAS RECEIVED ON OCTOBER 12, 1970.

SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED IN 1958, 72 STAT. 860, 49 U.S.C. 66, PROVIDES FOR THE PAYMENT OF TRANSPORTATION BILLS UPON PRESENTATION, SUBJECT TO THE PROVISO THAT "EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS ... FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON ... "

THE TRANSPORTATION ACT OF 1940 WAS ENACTED BY CONGRESS UNDER ITS CONSTITUTIONAL POWERS TO LEGISLATE IN THE AREA OF INTERSTATE AND FOREIGN COMMERCE. MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION OF PASSENGERS OR PROPERTY IN INTERSTATE COMMERCE ARE AMONG THOSE PERSONS AND CORPORATIONS GOVERNED BY THE ACT. 49 U.S.C. 302(A). CONSEQUENTLY, DAILY EXPRESS, INC., WHICH IS ENGAGED IN THE INTERSTATE TRANSPORTATION OF PROPERTY, IS SUBJECT TO THE PROVISIONS OF THIS ACT. WITH EXCEPTIONS NOT HERE APPLICABLE, EVERYONE IS PRESUMED TO HAVE KNOWLEDGE OF THE LAW. TOPOLEWSKI V PLANKINTON PACKING CO., 143 WIS. 52, 126 N.W. 554, 561 (1910) AND EVANS V HUGHES COUNTY, 3 S.D. 244, 52 N.W. 1062, 1065 (1892). THIS RULE WAS NOT FORMULATED SO AS TO WORK INJUSTICES UPON PERSONS UNFAMILIAR WITH THE GREAT NUMBER OF LAWS THAT DO EXIST, BUT RATHER BECAUSE ENFORCEMENT OF THE LAWS WOULD BE THWARTED IF ANYONE COULD EVADE THEM BY CLAIMING AN IGNORANCE OF THEIR CONTENTS.

THE CONTROLLING FACTOR, AS NOTED ABOVE, IS THAT IN ORDER FOR A CLAIM TO BE ENFORCEABLE IT MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS FROM THE DATE OF THE ACCRUAL OF THE CAUSE OF ACTION ON THE CLAIM. THE REASONING BEHIND THE ESTABLISHMENT OF A LIMITED PERIOD OF TIME FOR THE PRESENTATION OF CLAIMS IS THAT AT SOME POINT THE GOVERNMENT MUST BE RELIEVED OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS FOR THE PURPOSE OF SETTLING STALE CLAIMS, WHICH ARE OFTEN DIFFICULT TO PROVE OR DISPROVE. STATUTES OF LIMITATION ARE COMMON IN MANY AREAS OF THE LAW. FURTHER, STATUTES OF THIS KIND ARE JURISDICTIONAL AND CANNOT BE WAIVED BY OFFICERS OR AGENTS OF THE UNITED STATES, NO MATTER HOW MERITORIOUS A CLAIM MAY BE. UNITED STATES V GARBUTT OIL CO., 302 U.S. 528 (1938); FINN V UNITED STATES, 123 U.S. 227 (1887), AND MUNRO V UNITED STATES, 303 U.S. 36 (1938).

WE REALIZE THAT AFTER BILLS ARE PRESENTED TO THE PAYING AGENCIES, THERE MAY OCCASIONALLY BE ADMINISTRATIVE DELAYS IN MAKING PAYMENTS. TO WARN CARRIERS OF THE NEED TO PURSUE THEIR CLAIMS ACTIVELY AND TO REMEDY THIS SITUATION TO THE GREATEST EXTENT POSSIBLE, OUR GENERAL ACCOUNTING POLICY AND PROCEDURES MANUAL PROVIDES IN TITLE 5, PARAGRAPH 6020.40 (TITLE 4 OF THE CODE OF FEDERAL REGULATIONS (CFR), CHAPTER 1, SECTION 54.6) IN PERTINENT PART:

"WHERE CLAIMS SHOULD BE FILED."

"ACTION GENERALLY WILL BE EXPEDITED IF CLAIMANTS FILE THEIR CLAIMS WITH THE ADMINISTRATIVE DEPARTMENT OR AGENCY OUT OF WHOSE ACTIVITIES THE CLAIMS AROSE. HOWEVER, A CLAIMANT MAY FILE A CLAIM DIRECT WITH THE TRANSPORTATION DIVISION, GENERAL ACCOUNTING OFFICE, PARTICULARLY IF THE APPLICABLE STATUTORY PERIOD OF LIMITATIONS IS ABOUT TO EXPIRE ... ." ALSO, PARAGRAPH 6025.10 OF THE SAME MANUAL (AND 4 CFR 54.6A) STATES THAT THE FILING OF A CLAIM WITH SOME AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE WILL NOT MEET THE REQUIREMENTS OF THE STATUTE (49 U.S.C. 66), THAT THE CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

ACCORDINGLY, BECAUSE YOUR CLAIM WAS NOT TIMELY PRESENTED TO THIS OFFICE UNDER 49 U.S.C. 66, WE MUST CONCLUDE THAT THE ACTION OF OUR TRANSPORTATION DIVISION IN ADVISING YOU THAT YOUR CLAIM WAS BARRED AND COULD NOT BE ALLOWED WAS PROPER AND SUCH ACTION IS SUSTAINED.

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