B-144387, NOV. 28, 1960
Highlights
WHICH WAS TRANSMITTED TO OUR OFFICE ON OCTOBER 24. THAT CLAIM IS FOR REIMBURSEMENT OF THE AMOUNT PAID HOLLANDER STORAGE AND MOVING COMPANY. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 1. SUCH AS WILL SATISFY THE LAW AND REGULATIONS. THAT TO THE BEST OF YOUR KNOWLEDGE AND THAT OF THE MOVING COMPANY REPRESENTATIVE THE FINAL WEIGHT FIGURE WAS APPROXIMATELY 4. THAT THE FASTEST DELIVERY THE MOVER COULD PROMISE UNDER NORMAL CONDITIONS WAS ONE WEEK. UNLESS EXPEDITED SERVICE WAS USED. SHOWS THAT IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS EXPEDITED SERVICES AS REQUESTED BY YOU WERE USED. THAT THE AMOUNT BILLED WAS ON THE BASIS OF A WEIGHT OF 5. ON THE LEFT HAND SIDE OF THE BILL OF LADING THERE IS A BLOCK MARKED "WEIGHTMASTERS' CERTIFICATES.'.
B-144387, NOV. 28, 1960
TO MR. DOUGLAS C. SNURE, DISTRICT INTELLIGENCE OFFICE:
THIS REFERS TO YOUR LETTER OF OCTOBER 3, 1960, REFERENCE RA MIIW:DCS:LH, WHICH WAS TRANSMITTED TO OUR OFFICE ON OCTOBER 24,1960, BY THE NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C., CONCERNING YOUR CLAIM FOR $221.50. THAT CLAIM IS FOR REIMBURSEMENT OF THE AMOUNT PAID HOLLANDER STORAGE AND MOVING COMPANY, INC., FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF OFFICIAL STATION FROM CHICAGO, ILLINOIS, TO MILWAUKEE, WISCONSIN.
YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 1, 1960, ON THE GROUNDS THAT YOU DID NOT FURNISH PROPER EVIDENCE OF WEIGHT OR VOLUME, SUCH AS WILL SATISFY THE LAW AND REGULATIONS. IN YOUR LETTER YOU SAY THAT THE EXPEDITED SERVICE REQUESTED BY YOU INDICATES THE MOVER EXAMINED YOUR HOUSEHOLD EFFECTS AND FIGURED THE COST OF THE SHIPMENT ON A VOLUME BASIS; THAT TO THE BEST OF YOUR KNOWLEDGE AND THAT OF THE MOVING COMPANY REPRESENTATIVE THE FINAL WEIGHT FIGURE WAS APPROXIMATELY 4,950 POUNDS; AND THAT THE FASTEST DELIVERY THE MOVER COULD PROMISE UNDER NORMAL CONDITIONS WAS ONE WEEK, UNLESS EXPEDITED SERVICE WAS USED.
BILL OF LADING NO. 415123 ISSUED BY THE HOLLANDER STORAGE AND MOVING COMPANY, INC., SHOWS THAT IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS EXPEDITED SERVICES AS REQUESTED BY YOU WERE USED, AND THAT THE AMOUNT BILLED WAS ON THE BASIS OF A WEIGHT OF 5,000 POUNDS. ON THE LEFT HAND SIDE OF THE BILL OF LADING THERE IS A BLOCK MARKED "WEIGHTMASTERS' CERTIFICATES.' IN THIS BLOCK THERE IS A PLACE TO MARK THE GROSS WEIGHT AND TARE WEIGHT FROM WHICH COULD BE DETERMINED THE ACTUAL WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED. APPARENTLY, THE HOUSEHOLD EFFECTS WERE NOT WEIGHED AS THIS BLOCK WAS NOT FILLED IN. MOREOVER, THE BLOCK ENTITLED "VAN FOREMAN'S CERTIFICATE" AND CONTAINING A PLACE FOR SHOWING "CONSTRUCTIVE WEIGHT ---------- CU. FT. AT 7 LBS.' HAS NOT BEEN COMPLETED.
THE TARIFFS APPLICABLE TO THE HOLLANDER STORAGE AND MOVING COMPANY, INC., AGENT FOR ALLIED VAN LINES, INC., PROVIDE THAT SHIPPERS MAY OBTAIN EXPEDITED SERVICE ON A SHIPMENT OF LESS THAN 5,000 POUNDS AND TRANSPORTATION CHARGES SHALL BE COMPUTED ON THE BASIS OF 5,000 POUNDS AND TARIFF RATES APPLICABLE TO 5,000 POUNDS. IN AN ATTEMPT TO OBTAIN THE EXACT WEIGHT OF YOUR HOUSEHOLD EFFECTS THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C., BY LETTER OF MARCH 23, 1960, REQUESTED THE HOLLANDER STORAGE AND MOVING COMPANY, INC., TO FURNISH THE WEIGHT OF THE HOUSEHOLD EFFECTS AND IF NOT KNOWN TO STATE THE NUMBER OF CUBIC FEET OCCUPIED IN THE VAN SINCE THE BILL SUBMITTED SHOWS EXPEDITED SERVICE FOR 5,000 POUNDS. ON MARCH 28, 1960, THE STORAGE AND MOVING COMPANY REPLIED SAYING THAT:
"ENCLOSED HEREWITH COPY OF THE FREIGHT BILL COVERING SHIPMENT FOR DOUGLAS SNURE TO MILWAUKEE WISCONSIN ALSO COPY OF PACKING TICKET OF DECEMBER 16, 1959.
"MR. SNURE ORDERED EXPEDITED SERVICE AND REQUESTED LOADING OF DECEMBER 22, 1959 WITH DELIVERY AND UNLOADING THE SAME DAY IN MILWAUKEE, WISC.
"TRUSTING THIS GIVES YOU THE DESIRED INFORMATION.'
FROM THAT REPLY WE ASSUME THAT YOUR HOUSEHOLD EFFECTS WERE NOT WEIGHED; NOR WAS THE MOVER ABLE TO PROVIDE THE NUMBER OF CUBIC FEET OCCUPIED IN A PROPERLY LOADED VAN. WE HAVE NOTED YOUR REFERENCE TO AN APPROXIMATE WEIGHT OF 4,950 POUNDS OF EFFECTS. NO INFORMATION HAS BEEN SUBMITTED, HOWEVER, FROM THE MOVING COMPANY IN THAT REGARD AND THE MANNER OF ARRIVING AT THE ESTIMATED WEIGHT IS NOT STATED.
SECTION 10 (A) OF TITLE I, AND SECTION 14 OF TITLE II OF EXECUTIVE ORDER NO. 9805, PROVIDE AS FOLLOWS:
"/A) STATEMENT OF WEIGHT. WHEN CHARGES FOR TRANSPORTATION ARE BASED UPON WEIGHT, THE ACTUAL (NOT ESTIMATED) WEIGHT SHALL BE SHOWN.
"SECTION 14. EVIDENCE OF SHIPMENT. EMPLOYEES SHALL BE REQUIRED TO SUBMIT THE ORIGINAL BILLS OF LADING, OR A CERTIFIED COPY THEREOF OR IF NO BILL OF LADING IS AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT. IN INSTANCES IN WHICH NO PROPER WEIGHING FACILITIES ARE READILY AVAILABLE AT POINT OF ORIGIN A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED.'
UNDER THE ABOVE-QUOTED REGULATIONS, WHICH WERE PROMULGATED PURSUANT TO SECTION 1 (B) OF THE ACT OF AUGUST 2, 1946 (PUBLIC LAW 600) 60 STAT. 806, AN EMPLOYEE MAY SELECT THE CARRIER AND THE METHOD OF SHIPMENT WHICH BEST SUITS HIS PURPOSES, BUT SINCE REIMBURSEMENT IS BASED ON A COMMUTED BASIS THERE HAS TO BE FURNISHED AN ACTUAL WEIGHT OR CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE.
YOU HAVE FAILED TO FURNISH THE ACTUAL WEIGHT OR THE CONSTRUCTIVE WEIGHT (CUBIC FEET MEASUREMENT) AS REQUIRED BY SECTIONS 10 AND 14 OF THE REGULATIONS QUOTED ABOVE. MOREOVER, AS INDICATED ABOVE, YOU HAVE NOT FURNISHED ACCEPTABLE EVIDENCE OF THE ESTIMATED WEIGHT OF THE EFFECTS SUCH AS WOULD WARRANT CONSIDERATION OF YOUR CASE ON THAT BASIS. THEREFORE, ON THE PRESENT RECORD, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF JUNE 1, 1960.