ginning at Belvidere, N. J., and extending along the north bank of the Pequest River to New Jersey Highway 30, thence along that highway to its junction (just west of Annandale, N. J.) with New Jersey Highway 28, thence along the latter highway to Bound Brook, N. J., thence along New Jersey Highway S28 to the MiddlesexMonmouth County line, thence north and northeast along such county line to Raritan Bay. Some of the off-route origins from which applicant has transported special or chartered parties clearly are within the territory served by applicant's regular routes. On the other hand, many of them are without that territory. We shall grant herein specific authority to originate charter parties at all New Jersey points north of the line described above except (1) those points on applicant's regular routes and (2) those "within the territory" served by such regular routes. Though the right so granted, unlike the incidental right under section 208 (c), is severable from the regular-route operation, there is no occasion for us at this time to undertake a definition or segregation of those points deemed to be "within the territory" served by the regular route and those without. Glen Olden-New York City.-Protestant Southern Pennsylvania Bus Company excepts to a finding of the joint board that applicant is entitled, under the "grandfather" clause of section 206 (a), to continue to conduct one-way or round-trip charter operations from Glen Olden, Pa., to New York City. Applicant presented evidence that it had transported charter groups between these points, but in view of our conclusion it is unnecessary to review the evidence of such operations. Glen Olden is just southwest of Philadelphia, a point on applicant's regular route, and clearly Glen Olden is "within the territory" served thereby. Applicant may, under section 208 (c), transport chartered parties from Glen Olden to any place without specific authority in that respect. We find that applicant was, on June 1, 1935, and continuously since has been, in bona fide operation, in interstate or foreign commerce, as a common carrier by motor vehicle (A) of passengers and their baggage, and of express and newspapers in the same vehicle with passengers, over regular routes (1) between the Borough of Manhattan, New York, N. Y., on the one hand, and, on the other, Hasbrouck Heights, Hackensack, Northvale, Dumont, Newark, and Atlantic City, N. J., and Philadelphia, Pa., (2) between Philadelphia, on the one hand, and, on the other, Asbury Park, Trenton, Pensauken, Riverside, Blackwood Terrace, Camden (Fairview), Haddonfield, Moorestown, Burlington, Cape May, Atlantic City, Ocean City, Berlin, Atco, Barrington, Haddon Heights, Clementon, Bridge ton, Salem, Millville, Williamstown, Woodbury, National Park, and Penns Grove, N. J., and (3) during the season extending from May 27 to September 30, both dates inclusive, of each year, between the Borough of Manhattan and Greenwood Lake, N. Y., and (B) of passengers and their baggage (1) in special operations, in round-trip sightseeing or pleasure tours (a) beginning and ending at Elizabeth, Jersey City, Newark, and Paterson, N. J., and extending to New York City and points in Orange, Rockland, and Westchester Counties, N. Y., with no pick-up or discharge of passengers en route, (b) beginning and ending at Camden, and extending to Valley Forge, Pa., with no pick-up or discharge of passengers en route, and (c) during the period from January 1 to May 26, and from October 1 to December 31, all dates inclusive, of each year, beginning and ending at Manhattan, New York, N. Y., and extending to Greenwood Lake, N. Y., with no pick-up or discharge of passengers en route, and (2) in one-way or round-trip charter operations (a) all New Jersey points (except those on applicant's regular routes and those within the territory served by such routes) on and north of a line described in the footnote hereto between Belvidere, N. J., and Raritan Bay to New York City, Washington, D. C., Mount Vernon, Va., and points in Nassau, Orange, Rockland, and Westchester Counties, N. Y., and Bucks, Chester, Lackawanna, Northampton, and Philadelphia Counties, Pa., (b) from points in Rockland County, N. Y., to points in Passaic County, N. J., and (c) from Quakertown and Richboro, Pa., to Washington and Mount Vernon; that applicant is entitled to a certificate authorizing continuance of those operations; and that in all other respects the application should be denied. 4 For the reasons already indicated no order will be entered at this time, but the record will be held open for receipt of the statement required of applicant and for such further action as may then appear appropriate. ROGERS, Commissioner, dissenting in part: I agree with this decision in respect of applicant's regular service, but do not approve of the conclusion that applicant should be issued separate "grandfather" authority to conduct the charter operations in question. These operations were conducted as part and parcel of Beginning at Belvidere, N. J., and extending along the north bank of the Pequest River to New Jersey Highway 30, thence along New Jersey Highway 30 to its junction (just west of Annandale, N. J.) with New Jersey Highway 28, thence along New Jersey Highway 28 to Bound Brook, N. J., thence along New Jersey Highway $28 to the Middlesex-Monmouth County line thence north and northeast along the Middlesex-Monmouth County line to Raritan Bay. applicant's regular-route service. Section 208 (c) of the act so recognizes such charter operations and provides in circumstances like this that special or separate authority is not required to conduct charter operations "to any place". In Regulations, Special or Chartered Party Service, 29 M. C. C. 25, we considered the question of the scope of the territory in which carriers of passengers with certificates issued by us may originate charter trips, under the provisions of section 208 (c), and concluded that the territory should be, as stated at page 48 (1) * * at any point or points on the regular route or routes or at any off-route point or points authorized to be served by such carrier, or (2) which originate at any point or points within the territory served by its regular route or routes. [Emphasis supplied.] The question in these cases, then, is the area which is within the territory served by the applicant's regular routes. In the Regulations case we agreed that the fixing of arbitrary mileage distances on either side of a carrier's route and designating that to be such territory would not be practical. The matter of prime importance in fixing this territory is to keep carriers from encroaching on the charter business of competing carriers by soliciting trips in the territory of the latter carriers' routes. To prevent this, we adopted rule V, which provides in part, at page 48— reasonable rates or charges (1) Carriers shall publish in tariffs, in connection with the transportation of special or chartered parties for deadhead mileage which shall be the mileage traversed by the bus without passengers from the nearest point at which equipment is held out to be available to the place where the chartered party originates, and from the place of discharge of such party to the nearest point where equipment is held out to be available -and operates to equalize the competition between carriers in this type of service, since the carrier extending a considerable distance from its own routes must make a higher charge for its service, and thus is not on the same economic footing as the regular carrier. I believe this rule to be sound, because it operates to allow a flexibility of service and enables communities to enjoy service which otherwise would not be available, and yet creates a means of keeping a carrier from entering the field of another. In the instant case, applicant has originated charter trips in a territory in northern New Jersey, specifically designated in footnote 4, and in a territory in New Jersey within a radius of 15 miles of Philadelphia. Such territories I believe are reasonably within the territory of applicant's routes. In the authority granted by the majority, applicant, in effect, is given two separate and distinct charter rights. It may sell the right to originate trips within the territory, defined in footnote 4, and retain the right to originate charter trips, to the same destinations, from all points on applicant's regular routes, and those within the territory served by such routes, whatever that might be. My opinion is that applicant did not conduct separately two such operations on the statutory date. 42 M. C. C. No. MC-100749 (SUB-No. 3)1 NELSON BROS., INC., EXTENSION OF OPERATIONS— TEXAS-COLORADO Submitted October 26, 1942. Decided May 28, 1943 1. Applicants' operations found to be those of a common carrier by motor vehicle. 2. In No. MC-100749 (Sub-No. 3), public convenience and necessity found to require operation by O. T. Nelson and C. A. Nelson as a common carrier by motor vehicle of petroleum products, in bulk, from a point in Texas to specified points or territory in Colorado, over irregular routes. Issuance of a certificate approved upon compliance with certain conditions, and application in all other respects denied. 3. In other proceedings embraced herein, issuance of certificates, in lieu of the permits heretofore issued, approved upon compliance by applicants with certain conditions. 4. Prior reports: 6 M. C. C. 155, 10 M. C. C. 810, 23 M. C. C. 843 and 860, 27 M. C. C. 611 and 855, and 30 M. C. C. 884. Marion F. Jones for applicants. R. L. Hafer, B. C. Brile, Roland F. Maroney, T. A. White, John C. Street, and Joseph H. Cummins for protestants. DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON By Division 5: This report deals with eight related applications of the present applicants. The title proceeding was the subject of a report and recommended order by a joint board. Exceptions were filed by rail carrier protestants to this recommended order, and applicants replied thereto. Thereafter, upon petition of applicants, by order entered February 27, 1942, the proceedings described in footnote 1, all of which have heretofore been determined either informally or after hearing, as well as 1 This report also embraces No. MC-100948, O. T. Nelson and C. A. Nelson Contract Carrier Application, No. MC-100948 (Sub-No. 1), O. T. Nelson and C. A. Nelson Contract Carrier Application, No. MC-100948 (Sub-No. 2), O. T. Nelson Extension of Operations, No. MC-100948 (Sub-No. 4), Nelson Bros., Inc., Extension of Operations-Wyoming, No. MC-100948 (Sub-No. 5), Nelson Bros., Inc., Extension of Operations-Texas, No. MC100948 (Sub-No. 6), Nelson Bros., Inc., Extension of Operations-Colorado-Wyoming, and No. MC-100948 (Sub-No. 7), Nelson Bros., Inc., Extension of Operations-Colorado and Wyoming, which are the numbers assigned for record purposes to certain applications originally filed by the present applicants' predecessors and later transferred to the present applicants, as explained in the text of the report. 2 On further hearing in certain of the proceedings embraced herein, as explained in the text of the report. |