B-155570, MAY 17, 1965

B-155570, MAY 17, 1965

TO COAST COUNTIES EXPRESS, INC.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, ACKNOWLEDGED FEBRUARY 23, 1965, IN WHICH YOU REQUEST A REVIEW OF OUR SETTLEMENT CERTIFICATE OF JANUARY 14, 1965 (TK-791475), DISALLOWING YOUR CLAIM FOR TRANSPORTATION CHARGES OF $60 IN ADDITION TO THE NET AMOUNT PAID IN CONNECTION WITH YOUR BILL NO. 1590. YOU ALSO REQUEST A REFUND OF AMOUNTS DEDUCTED IN CONNECTION WITH STATEMENTS OF OVERCHARGES AGAINST AMOUNTS PAID ON VOUCHERS NUMBERED 332861 AND 578938 IN THE DECEMBER 1962 AND APRIL 1963 ACCOUNTS OF LIEUTENANT COLONEL A. G. PERRY AND 619708, 637837, 130168, AND 179152 IN THE MAY AND SEPTEMBER 1963 ACCOUNTS OF MAJOR L. S. ROBERTS. YOUR BILL NUMBERS ARE 1541, 1576, 1580, 1582, 1602, AND 1607, RESPECTIVELY. WE ALSO HAVE YOUR LETTER OF MAY 5, 1965, REQUESTING INFORMATION AS TO THE STATUS OF SUCH MATTER.

THE NET CHARGES ALLOWED YOU AFTER THE DEDUCTIONS WERE MADE FROM AMOUNTS OTHERWISE PAYABLE TO YOUR CORPORATION ARE THOSE IN COLUMN I, PARAGRAPH 3B OF YOUR TENDER NO. 10-A EFFECTIVE OCTOBER 15 1962. IT IS YOUR CONTENTION THAT THE SHIPPER DEMANDED A LARGE TRUCK FOR EACH SHIPMENT, REGARDLESS OF SIZE OR WEIGHT, ANNOTATED THE GBL TO THE EFFECT A LARGER TRUCK WAS ORDERED AND FURNISHED, THEREBY ASSUMING THE OBLIGATION TO PAY COLUMN II RATES WHICH YOU SAY APPLY ON LARGER SHIPMENTS. YOU CONTEND THAT WHEN THIS LARGER VEHICLE IS ORDERED AND FURNISHED, AND SO NOTED BY SHIPPER ON THE GBL, IT FOLLOWS COLUMN II RATES ARE APPLICABLE.

FROM OCTOBER 24, 1962, THROUGH AUGUST 1963, THE PERIOD IN WHICH THESE 15 SHIPMENTS MOVED, YOUR TENDER NO. 10-A OFFERED TO FURNISH SPECIAL MILITARY TRANSPORTATION SERVICE ON SHIPMENTS OF FREIGHT, ALL KINDS, BETWEEN ALL POINTS IN THE STATE OF CALIFORNIA "LIMITED TO A GROSS WEIGHT OF 12,000 LBS., AND OF SUCH DIMENSIONS AS TO BE LOADED IN CLOSED VANS WITH A MAXIMUM LENGTH OF 18 .' (QUOTING FROM PARAGRAPH 2 (4) OF THE TENDER). PARAGRAPH 3B CONCERNING THE RATES FOR SUCH SERVICE PROVIDES:

"CHARGES BASED ON CONSTRUCTIVE MILEAGE COMPUTED IN CALIFORNIA PUC DISTANCE TABLE NO. 4, OR REISSUES THEREOF, FROM ORIGIN TO DESTINATION.

TABLE

MILEAGE CHARGE

I II 50 MILES OR LESS

50.00 50.00 OVER 50 BUT NOT OVER 100 60.00 66.00 OVER 100 BUT NOT OVER 150 79.00 88.00 OVER 150 BUT NOT OVER 200

92.00 108.00 OVER 200 BUT NOT OVER 250 105.00 117.00 OVER 250 BUT NOT OVER 300 118.00129.00 OVER 300 BUT NOT OVER 350 131.00 144.00 OVER 350 BUT NOT OVER 400 149.00

155.00 OVER 400 BUT NOT OVER 450 157.00 167.00 OVER 450 BUT NOT OVER 500 170.00 180.00 OVER 500 BUT NOT OVER 600 205.00

225.00 OVER 600 BUT NOT OVER 700 230.00 260.00 OVER 700

260.00 300.00 COLUMN I APPLIES TO SHIPMENTS WITH GROSS WEIGHT NOT EXCEEDING 2,000 LBS., AND 200 CU. FT. COLUMN II APPLIES TO SHIPMENTS WITH GROSS WEIGHT EXCEEDING 2,000 LBS., AND 200 CU. FT.'

UNDER THE ABOVE-CITED PROVISIONS OF PARAGRAPH 3B OF TENDER NO. 10-A, COLUMN II RATES ARE PAYABLE ONLY WHERE THE SHIPMENTS WEIGH MORE THAN 2,000 POUNDS OR ARE OVER 200 CUBIC FEET. WHERE THE SHIPMENTS WEIGH LESS THAN 2,000 POUNDS AND THEY OTHERWISE QUALIFY FOR SHIPMENT THEREUNDER, THAT IS, THEY DO NOT HAVE CUBIC DIMENSIONS GREATER THAN 200 CUBIC FEET AND CAN BE LOADED IN A CLOSED VAN WITH A MAXIMUM LENGTH OF 18 FEET, COLUMN I RATES APPLY. EACH OF THE INVOLVED SHIPMENTS WEIGHED LESS THAN 2,000 POUNDS. NONE MEASURED AS MUCH AS 200 CUBIC FEET. ALSO, WHILE THE SHIPPER AS TO SOME OF THE SHIPMENTS ORDERED AN 18-FOOT VAN AND IT WAS FURNISHED, NO VAN LONGER THAN 18 FEET WAS ORDERED OR IS SHOWN ON THE BILLS OF LADING TO HAVE BEEN FURNISHED, SO THAT IT APPEARS EACH COULD BE LOADED ON VAN 18 FEET LONG. THUS, THE APPLICABLE RATES FOR THESE 15 SHIPMENTS WERE THOSE LISTED IN COLUMN I, SINCE EACH SHIPMENT DID NOT EXCEED THE GROSS WEIGHT OF 2,000 POUNDS AND A VOLUME MEASUREMENT OF 200 CUBIC FEET AND WAS MADE IN FULL COMPLIANCE WITH PARAGRAPH 3B OF TENDER 10-A THEN IN EFFECT. WE NOTE THAT IT WAS NOT UNTIL SUPPLEMENT NO. 1 OF TENDER NO. 10-A, EFFECTIVE OCTOBER 15, 1963, WAS ISSUED THAT COLUMN I RATES WERE RESTRICTED TO THOSE SHIPMENTS NOT WEIGHING MORE THAN 2,000 POUNDS AND WHICH WERE "CAPABLE OF BEING LOADED IN A ONE-TON PANEL TRUCK.'

ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE US, WE MUST CONCLUDE THAT ALL SHIPMENTS MET THE SPECIFIC PROVISIONS STATED IN PARAGRAPH 3B OF TENDER NO. 10-A IN EFFECT AT THE TIME THE 15 SHIPMENTS MOVED FOR COLUMN I RATES. OUR SETTLEMENT OF JANUARY 14, 1965, DISALLOWING YOUR CLAIM AS TO YOUR BILL NO. 1590 IS THEREFORE SUSTAINED AND WE FIND NO PROPER BASIS FOR REFUNDING THE DEDUCTIONS FOR OVERCHARGES MADE IN CONNECTION WITH YOUR BILLS NUMBERED 1541, 1576, 1580, 1582, 1602, AND 1607.