B-142865, JUL. 14, 1960
Highlights
LTD.: REFERENCE IS MADE TO YOUR TWO LETTERS OF MAY 6. FOR TRANSPORTATION FURNISHED THE GOVERNMENT AND FOR WHICH YOU CONTEND EXCLUSIVE USE OF VEHICLE WAS REQUESTED AND FURNISHED. WE HAVE COMPLETED OUR REVIEW OF THE ACCOUNT IN QUESTION AND HAVE AUTHORIZED THE ISSUANCE OF A REVISED SETTLEMENT WHICH SHOULD REACH YOU IN DUE COURSE. IN CONNECTION WITH YOUR CLAIM FOR $512 ON BILL NO. 49-11-7 56 COVERED BY OUR CLAIM TK-666062 WE HAVE A DIFFERENT SITUATION. BEARS THE FOLLOWING UNSIGNED LEGEND: "I CERTIFY THAT EXCLUSIVE VEHICLE WAS FURNISHED FROM KELLY AFB. TO AIR NATIONAL GUARD BASE RENO NEVADA AGENT OF DESTINATION CARRIER DATE" THE APPLICABLE TARIFF REQUIREMENT RELATIVE TO EXCLUSIVE USE OF VEHICLE IS FOUND IN ITEM NO. 935 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20.
B-142865, JUL. 14, 1960
TO WESTERN TRUCK LINES, LTD.:
REFERENCE IS MADE TO YOUR TWO LETTERS OF MAY 6, 1950, REQUESTING A REVIEW OF OUR DISALLOWANCES OF YOUR CLAIMS FOR ADDITIONAL CHARGES OF $70.20 ON BILL NO. G-01947 (TK-684698), AND $512 ON BILL NO. 49-11-7 56, YOUR CLAIM NO. G-01703 (TK-666062), FOR TRANSPORTATION FURNISHED THE GOVERNMENT AND FOR WHICH YOU CONTEND EXCLUSIVE USE OF VEHICLE WAS REQUESTED AND FURNISHED.
WITH REGARD TO YOUR CLAIM FOR $70.20 ON BILL NO. G-01947 ON A SHIPMENT COVERED BY OUR CLAIM TK-684698, WE HAVE COMPLETED OUR REVIEW OF THE ACCOUNT IN QUESTION AND HAVE AUTHORIZED THE ISSUANCE OF A REVISED SETTLEMENT WHICH SHOULD REACH YOU IN DUE COURSE.
HOWEVER, IN CONNECTION WITH YOUR CLAIM FOR $512 ON BILL NO. 49-11-7 56 COVERED BY OUR CLAIM TK-666062 WE HAVE A DIFFERENT SITUATION. GOVERNMENT BILL OF LADING AF-4887399, DATED OCTOBER 13, 1956, BEARS THE FOLLOWING UNSIGNED LEGEND:
"I CERTIFY THAT EXCLUSIVE VEHICLE WAS FURNISHED FROM KELLY AFB, SAN ANTONIO, TEXAS, TO AIR NATIONAL GUARD BASE RENO NEVADA
AGENT OF DESTINATION CARRIER DATE"
THE APPLICABLE TARIFF REQUIREMENT RELATIVE TO EXCLUSIVE USE OF VEHICLE IS FOUND IN ITEM NO. 935 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20, MF-I.C.C. NO. 66 AND PROVIDES THAT THE SHIPPER SHALL ENDORSE ON THE BILL OF LADING: "EXCLUSIVE USE OF VEHICLE REQUESTED.' IT IS TO BE NOTED THAT THE RULE PROVIDES THAT WHERE EXCLUSIVE USE OF VEHICLE IS ORDERED, AN APPROPRIATE NOTATION MUST BE MADE BY THE SHIPPER ON THE BILL OF LADING.
THE INVOLVED BILL OF LADING WAS NOT SO ANNOTATED. THE INTERSTATE COMMERCE COMMISSION HELD IN GUS BLASS CO. V. POWELL BROS. TRUCK LINE, 53 M.C.C. 603, THAT THE OMISSION OF A SIMILAR ENDORSEMENT ON THE BILL OF LADING INVOLVED IN THAT CASE--- INDICATING EXCLUSIVE USE WAS REQUESTED--- WAS A DEFECT FATAL TO THE APPLICATION OF CHARGES BASED ON AN EXCLUSIVE USE OF VEHICLE RULE EVEN THOUGH EXCLUSIVE USE OF VEHICLE SERVICE MAY ACTUALLY HAVE BEEN RENDERED.
ACCORDINGLY, THE DISALLOWANCE OF CLAIM TK-666062 APPEARS TO BE CORRECT, AND IS SUSTAINED.