B-174814, AUG 21, 1972

B-174814, AUG 21, 1972

TRANSPORTATION CHARGES - STATUTE OF LIMITATIONS DECISION ALLOWING THE CLAIM OF TRANSIT HOMES, INC., FOR $47, REPRESENTING CHARGES FOR THE TRANSPORTATION OF A HOUSE TRAILER ON A GOVERNMENT BILL OF LADING FROM EL TORO, CALIF., TO OCEANSIDE, CALIF., ON DECEMBER 4, 1967. TRANSIT HOMES WAS NOT SUBJECT TO THE INTERSTATE COMMERCE ACT, 49 U.S.C. 301, ET SEQ., IN PERFORMING THIS INTRASTATE TRANSPORTATION SERVICE AND, THEREFORE, PAYMENT FOR THE SERVICE IS NOT BARRED BY THE THREE-YEAR LIMITATION IMPOSED BY THE TRANSPORTATION ACT OF 1958, 49 U.S.C. 66. ACCORDINGLY, THE CLAIM MAY BE PAID.

TO TRANSIT HOMES, INC.:

YOUR LETTER OF SEPTEMBER 1, 1971, TO OUR TRANSPORTATION DIVISION, CONCERNING CLAIM TK-932012, WAS SENT TO US FOR CONSIDERATION. THAT LETTER PROTESTED THE RETURN OF YOUR CLAIM FOR $47, YOUR BILL A-64865, ON THE GROUND THAT IT WAS BARRED FROM SETTLEMENT UNDER 49 U.S.C. 66 BECAUSE MORE THAN THREE YEARS HAD PASSED SINCE THE CLAIM FIRST ACCRUED. WE HAVE CONCLUDED THAT THE CIRCUMSTANCES OF THIS CLAIM ARE SUCH THAT IT IS NOT BARRED FROM OUR CONSIDERATION BY THAT STATUTE.

THE SALIENT FACTS ARE THAT ON DECEMBER 4, 1967, YOUR COMPANY TRANSPORTED A HOUSE TRAILER 55' LONG AND 10' WIDE, OWNED BY STAFF SERGEANT VICTOR L. FORD, U.S. MARINE CORPS, 54 MILES FROM EL TORO, CALIFORNIA, TO OCEANSIDE, CALIFORNIA, ON GOVERNMENT BILL OF LADING D 1219061; THAT SSGT. FORD SIGNED THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON DECEMBER 4, 1967, BUT THAT THE BILL OF LADING WAS NOT RELEASED TO YOUR COMPANY. AFTER SEVERAL YEARS OF UNAVAILING EFFORT ON THE PART OF YOUR COMPANY TO OBTAIN EITHER THE ORIGINAL BILL OF LADING OR A CERTIFICATE IN LIEU OF LOST BILL OF LADING, THE ORIGINAL BILL OF LADING WAS FOUND IN SSGT. FORD'S PERSONNEL FILE. YOU THEN SUBMITTED YOUR BILL A-64865 FOR $47, SUPPORTED BY THE ORIGINAL BILL OF LADING D 1219061.

ALTHOUGH THE BILL OF LADING SHOWS "MRT 10-B" AS THE TARIFF AUTHORITY, MILITARY RATE TENDER NO. 10-B, MF-I.C.C. NO. 14, IS RESTRICTED TO APPLY ONLY TO TRAFFIC MOVED IN INTERSTATE COMMERCE. THE CHARGE BILLED, $47, IS THAT PROVIDED IN CALIFORNIA PUBLIC UTILITIES COMMISSION MINIMUM RATE TARIFF NO. 18 FOR TRANSPORTING A TRAILER OF THIS SIZE FOR 54 MILES IN CALIFORNIA.

TRANSIT HOMES, INC., WAS NOT SUBJECT TO THE INTERSTATE COMMERCE ACT, 49 U.S.C. 301, ET SEQ. IN ITS PERFORMANCE OF THIS CALIFORNIA INTRASTATE TRANSPORTATION SERVICE. THAT BEING SO, PAYMENT FOR THE SERVICE DOES NOT FALL WITHIN THE PURVIEW OF THE TRANSPORTATION ACT OF 1958, PUBLIC LAW 85- 762, 72 STAT. 860, 49 U.S.C. 66, AND YOUR CLAIM IS NOT BARRED BY THE THREE -YEAR LIMITATION PROVIDED THEREIN. THIS SITUATION, INVOLVING AS IT DOES SERVICE PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA, DIFFERS FROM THAT CONSIDERED IN OUR DECISION TO YOU OF FEBRUARY 14, 1972, B-174214. THERE, YOU WERE SUBJECT TO THE INTERSTATE COMMERCE ACT IN THE PERFORMANCE OF TRANSPORTATION FROM MT. CLEMENS, MICHIGAN, TO SARASOTA, FLORIDA, IN AUGUST 1967. YOUR CLAIM FOR THAT SERVICE, RECEIVED IN OUR OFFICE ON JUNE 11, 1971, MORE THAN THREE YEARS LATER, WAS THEREFORE BARRED UNDER 49 U.S.C. 66.

WE HAVE INSTRUCTED OUR TRANSPORTATION AND CLAIMS DIVISION TO ISSUE A CERTIFICATE ALLOWING YOUR CLAIM FOR $47. NOTICE OF THE SETTLEMENT WILL REACH YOU IN DUE COURSE.