B-150751, MAY 22, 1963

B-150751, MAY 22, 1963

TO WESTERN TRUCK LINES, LTD.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1963, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE OF AUGUST 22, 1962, WHICH DISALLOWED YOUR CLAIM G-02379 (OUR TK733805) FOR SPECIAL MILITARY SERVICE (EXCLUSIVE USE OF VEHICLE) CHARGES OF $644.35 FOR THE TRANSPORTATION OF 50 BOXES "PROPELLANT EXPLOSIVES CLASS "B" S/T" FROM AIR FORCE BASE 2554, 343RD FIGHTER GROUP, DULUTH, MINNESOTA, TO HUGHES AIRCRAFT COMPANY, TUCSON, ARIZONA, UNDER GOVERNMENT BILL OF LADING AF 9292397 DATED MAY 8, 1959.

WE HAVE CAREFULLY REVIEWED THE SHIPMENT RECORD AND FIND THAT THE SETTLEMENT CERTIFICATE OF AUGUST 22, 1962, DOES NOT CONFLICT WITH 39 COMP. GEN. 755, SINCE THE NOTATIONS ON BILL OF LADING, AF-9292397, MAY NOT BE CONSTRUED AS SUBSTANTIALLY COMPLYING WITH THE SPECIAL MILITARY SERVICE (EXCLUSIVE USE OF VEHICLE) TARIFF REQUIREMENTS.

THE APPLICABLE TARIFF REQUIREMENT, AS SET OUT IN ITEM 935 OF SECTION 6 OF THE RULES AND REGULATIONS OF THE ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20-B, READS IN PART:

"ANNOTATION OF REQUIRED SERVICE

BILLS OF LADING ISSUED FOR "SPECIAL MILITARY SERVICE" WILL BEAR THE FOLLOWING NOTATIONS:

SPECIAL MILITARY SERVICE WAS REQUESTED AS FOLLOWS:

TIME AND DATE ------------------------------------------- ---------- ----

SIGNATURE OF SHIPPING OFFICER

SPECIAL MILITARY SERVICE WAS RECEIVED

TIME AND DATE RECEIVED ---------------------------------- ---------- ----

SIGNATURE OF RECEIVING OFFICER"

THUS, THE TARIFF REQUIRES, WHERE SPECIAL MILITARY SERVICE (EXCLUSIVE USE OF A VEHICLE) IS REQUESTED, THAT THE BILL OF LADING SHOW AN ANNOTATION DENOTING SUCH REQUEST. THE PRESCRIBED TARIFF NOTATION DID NOT APPEAR ON BILL OF LADING AF-9292397. FURTHERMORE, THERE IS NO WRITTEN NOTATION WHICH WOULD REASONABLY GIVE NOTICE THAT THE SHIPPER REQUESTED SPECIAL MILITARY SERVICE (EXCLUSIVE USE OF VEHICLE). TARIFF RATES FOR THE (SPECIAL MILITARY SERVICE) EXCLUSIVE USE OF A VEHICLE APPLY ONLY WHERE THE PROVISIONS OF THE TARIFF RULE HAVE BEEN COMPLIED WITH. GUS BLASS CO. V. POWELL TRUCK LINE, 53 M.C.C. 603.

THE TARIFF RULE OUTLINED IN ITEM 935 OF THE TARIFF MAKES NO PROVISION FOR THE MODIFICATION OF A BILL OF LADING AFTER THE SHIPMENT HAS BEEN ACCOMPLISHED; THEREFORE, A COPY OF THE SHIPPING ORDER FOR BILL OF LADING AF-9292397, ANNOTATED BY A REPRESENTATIVE OF THE ADMINISTRATIVE OFFICE MORE THAN TWO AND ONE-HALF YEARS AFTER SHIPMENT WAS COMPLETED DOES NOT CURE THE OMISSION OF THE NOTATION REQUIRED BY THE TARIFF TO SHOW THE SHIPPER REQUESTED SPECIAL MILITARY SERVICE. ACCORDINGLY, IN THE ABSENCE OF THE REQUISITE ANNOTATION ON THE BILL OF LADING IN SUBSTANTIALLY THE FORM PRESCRIBED BY THE TARIFF, OUR SETTLEMENT OF AUGUST 22, 1962, DISALLOWING SPECIAL MILITARY ..END :