B-127548, SEP. 19, 1956
Highlights
TO ASSISTANT TRAFFIC MANAGER: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20. THE OTHER BILL OF LADING APPEARS TO HAVE COVERED THE SAME KIND OF COMPRESSOR. THIS ARTICLE IS ILLUSTRATED AND DESCRIBED IN ARMY TECHNICAL MANUAL TM 9- 2800. IT IS APPARENT FROM THE INFORMATION IN THE MANUAL THAT THE TRUCK- MOUNTED AIR COMPRESSOR WAS DESIGNED TO OPERATE AS A MOBILE UNIT AND THERE IS NOTHING IN THE RECORD HERE TO INDICATE THAT THE COMPRESSOR COULD BE READILY REMOVED FROM THE TRUCK FOR USE OR. IF THE COMPRESSOR WERE REMOVED. THAT THE UNIT WAS A SELF PROPELLED AIR COMPRESSOR RATHER THAN A COMBINATION ARTICLE AND. THIS CONCLUSION IS SUPPORTED FURTHER BY HARRISON CONSTRUCTION CO. WHEREIN IT WAS HELD THAT A TRUCK-MOUNTED CONCRETE MIXER WAS A SELF-PROPELLED CONCRETE-MIXING MACHINE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING APPLICABLE ON "MACHINERY OR MACHINES.
B-127548, SEP. 19, 1956
TO ASSISTANT TRAFFIC MANAGER:
REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20, 1956, REQUESTING REVIEW OF THE SETTLEMENTS WHICH DISALLOWED YOUR CLAIMS FOR $97.63 AND $56.02, REPRESENTING ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TWO TRUCK-MOUNTED AIR COMPRESSORS SHIPPED UNDER BILLS OF LADING WW-7482607 AND WT-6014208 IN 1948 AND 1951, RESPECTIVELY.
ONE BILL OF LADING IDENTIFIES THE COMPRESSOR AS A LEROI MODEL, 105 GA, AIR COMPRESSOR MOUNTED ON A 2 1/2 TON, 6 BY 6, TRUCK CHASSIS, AND THE OTHER BILL OF LADING APPEARS TO HAVE COVERED THE SAME KIND OF COMPRESSOR. THIS ARTICLE IS ILLUSTRATED AND DESCRIBED IN ARMY TECHNICAL MANUAL TM 9- 2800. IT IS APPARENT FROM THE INFORMATION IN THE MANUAL THAT THE TRUCK- MOUNTED AIR COMPRESSOR WAS DESIGNED TO OPERATE AS A MOBILE UNIT AND THERE IS NOTHING IN THE RECORD HERE TO INDICATE THAT THE COMPRESSOR COULD BE READILY REMOVED FROM THE TRUCK FOR USE OR, IF THE COMPRESSOR WERE REMOVED, THAT THE MOTOR VEHICLE--- WITHOUT STRUCTURAL ALTERATIONS--- COULD BE USED FOR ANOTHER PURPOSE. IT SEEMS REASONABLE TO CONCLUDE, THEREFORE, THAT THE UNIT WAS A SELF PROPELLED AIR COMPRESSOR RATHER THAN A COMBINATION ARTICLE AND, CONSEQUENTLY, THE COMBINATION ARTICLE RULE OF THE GOVERNING FREIGHT CLASSIFICATION WOULD NOT APPLY TO DETERMINE THE CHARGES FOR THE TRANSPORTATION OF THE ARTICLE. SEE, IN THIS CONNECTION, STEWART AND STEVENSON SERVICES, INC. V. BALTIMORE AND OHIO RAILROAD COMPANY, 276 I.C.C. 156, 157. THIS CONCLUSION IS SUPPORTED FURTHER BY HARRISON CONSTRUCTION CO. V. CINCINNATI, N.O. AND T.P. RY. CO., 266 I.C.C., 313, 316-318, WHEREIN IT WAS HELD THAT A TRUCK-MOUNTED CONCRETE MIXER WAS A SELF-PROPELLED CONCRETE-MIXING MACHINE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING APPLICABLE ON "MACHINERY OR MACHINES, N.O.I.B.N.' SIMILARLY, IN OAKLAND TRUCK SALES CO. V. BALTIMORE AND O.R. CO., 270 I.C.C. 548, IT WAS HELD THAT A TRUCK MOUNTED CRANE WAS A SELF- PROPELLED CRANE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING APPLICABLE ON "CRANES OR DERRICKS, N.O.I.B.N.'
THE CLASSIFICATION DESCRIPTION IN ITEM 60280 OF NATIONAL MOTOR FREIGHT CLASSIFICATIONS NOS. 10 AND 11--- "COMPRESSORS, AIR, WITH OR WITHOUT AIR TANKS, HOSE OR NOZZLES, MOUNTED OR NOT OUNTED"--- TO WHICH ITEM 7420 OF SOUTHWESTERN MOTOR FREIGHT BUREAU EXCEPTIONS TARIFF NO. 15 SERIES REFERS, IS NOT RESTRICTED TO STATIONARY AIR COMPRESSORS AND APPARENTLY INCLUDES SELF-PROPELLED AIR COMPRESSORS. IT APPEARS, THEREFORE, THAT THE RATING PUBLISHED IN CONNECTION WITH THE SAID DESCRIPTION IS APPLICABLE ON THE SHIPMENTS IN THIS CASE.
THE SETTLEMENTS, WHICH WERE CONSISTENT WITH THE FOREGOING, ARE NOT SHOWN TO HAVE BEEN IN ERROR OTHERWISE AND, ACCORDINGLY, ARE SUSTAINED.