Page images

In the following cases, transportation by motor vehicle was found better
adapted to the needs of shippers than transportation by rail, because of its many
advantages, including greater flexibility of routing and schedules; more expe-
ditious and cheaper service; more direct delivery; ability to purchase in smaller
quantities, obviating necessity for large investment; less handling, eliminating
delays and local transfer; less deterioration in transit; more direct hauls; delivery
to isolated points; quicker turnovers; elimination of large bulk-storage facilities,
etc.: Abernathy Common Carrier Application, 262 (263); Badman Contract
Carrier Application, 342 (343); Beckler Extension-Ogallala, Nebr., 578 (580);
Booze Truck Lines Extension-Roanoke, Va.-Ronceverte, W. Va., 162; Botti
Common Carrier Application, 45 (46); Columbia Terminals Co. Extension-
Roxana, Ill.-St. Louis, Mo., 727 (728); Dobson Extension-Charleston, S. C.-
Georgia, 31 (32); Jenkins Common Carrier Application, 797 (799); Keller Common
Carrier Application, 589 (591); Kishbaugh Extension of Operations, 72 (73);
Mairs Contract Carrier Application, 61 (62); Martin Contract Carrier Applica-
tion, 542 (544); McConville Contract Carrier Application, 22 (24); Murphy
Transfer Co. Common Carrier Application, 361 (362); Overton Extension-
Lansdale, Pa.-Staunton, Va., 522 (523); Petroleum Carrier Corp. Extension-
Florida-Georgia, 232 (233); Pomprowitz Extension-Indiana-Michigan, 301
(303, 304); Powell Contract Carrier Application, 7 (8); Rickert Contract Carrier
Application, 145 (148); Ryan Contract Carrier Application, 537 (540); S. & S.
Truck Line Extension-North Carolina-Georgia, 364 (365); Semper Common
Carrier Application, 489 (491, 492); Sprout & Davis, Inc., Contract Carrier
Application, 677 (680); Trail Common Carrier Application, 373 (374); Tynes
Contract Carrier Application, 699 (701); Wilkes-Barre Anthracite Corp. Contract
Carrier Application, 94.

Private Carriers: A private carrier has the advantages of an assured traffic
obtained without solicitation expense, freedom from the expenses which public
regulation necessarily entails, and often an overhead or management expense
shared with the commercial enterprise for which the hauling is done. Bales
Common Carrier Application, 709 (710).

Applicant who had lost most of his records in a flood sought to introduce in
evidence affidavits of dealers as proof of demand for proposed common-carrier
service, but permission was denied upon objection of protestants that the parties
who made the affidavits were not present and available for cross-examination.
Reeser Extension-Camden, N. J.-New Jersey Points, 528 (529).


Following 6 M. C. C. 124, permit was denied applicant corporation, which
was formed for the sole purpose of hauling petroleum for its parent corporation
in order to avoid State taxes. Miller Term. & Transp. Co. Contract Carrier
Application, 217.

That general manager of applicant corporation was president of a corporation
distributing automobiles did not render applicant's transportation of cars from
manufacturer's plant at South Bend, Ind., to distributing agency at St. Louis,
Mo., private carriage as the two concerns were separate corporate entities,
despite their affiliation, and nothing fraudulent or improper was shown in con-
nection with applicant's transportation for affiliated distributor-corporation.
Caravans, Inc., Contract Carrier Application, 659 (660, 664)


Carriers': Applicant who subleased warehouse space and furnished telephone
service to truck lines for flat monthly charges did not sell or offer for sale any
transportation subject to the act and was not engaged in providing, furnishing,
contracting for, or arranging such transportation, but was an agent for the motor
carriers using her terminal rather than a broker subject to the act. Basset
Broker Application, 197 (198).

Applicant who sold tickets for transportation at a point which by agreement
with other carriers it did not actually serve was agent for the carrier actually
performing the service over such route. Missouri Pac. Transp. Co. Common
Carrier Application, 273 (276).

Use of same vehicle to transport agricultural commodities and nonexempt
commodities in separate loads and not in mixed loads, for compensation, did not
entitle applicant to the benefit of exemption provided in sec. 203 (b) (6) with
respect to the agricultural commodities. Warner Common Carrier Application,
614 (616).

In General: An any-quantity rate which in fact moves both carload and
less-than-carload traffic is presumed to be higher than the carload rate and lower
than the less-than-carload rate would be. Minimum Weights of Coffman Bros.,
619 (623).

When applicant failed to appear at hearing and no one appeared in his behalf,
denial of his application for want of prosecution was recommended but, upon
applicant's petition, and pursuant to the Motor Carrier Act, 1935, further hearing
was held: Bagley Common Carrier Application, 229 (230); Mastroberte Common
Carrier Application, 256.

Proposed rate was found unlawful in view of respondent's failure to appear or
to submit evidence. Wire Cloth from York, Pa., to Suffolk, Va., 397.

Respondent's failure to appear at hearing left no basis, other than the protest
because of which proposed rates were suspended, for determining whether they
violated the act. Iron and Steel Articles and Sugar over B. & B. Transp. Co., 651.

Parties, Proper: See PARTIES (APPLICANT).


NECESSITY; and other specific subjects.

In General: When contract-carrier operation instituted prior to the "grand-
father” date did not satisfy requirements of sec. 209 (a), it was treated, in dispos-
ing of application filed under sec. 209 (b), as having been instituted between the
"grandfather" date and the effective date of the act; and as application for
authority as for a new operation was not filed within the statutory period, and no
authority had been granted prior to its inception, it was unlawful. Rickerd
Contract Carrier Application, 145 (147).

“Grandfather" clause application form BMC-A, prepared as an emergency
form for use in lieu of more detailed forms, to assist motor carriers in seasonable
filing of applications, called for but meager information and was to be later sup-
plemented by filing of either of two more detailed forms, which supplemental
forms have been treated as amendments in BMC-A applications seasonably filed,
in accordance with rule VII of rules of practice. Heyser's Nickle Plate Line
Common Carrier Application, 745 (747).

Amendment: Amendment to application for authority to operate as
common carrier of passengers and of chartered parties from Bismarck, N. Dak.,
and "vicinity" to South Dakota points, to cover charter operations from “any
points in the State of North Dakota or South Dakota and deliver them to any
point in any other State", was denied as to origins other than Mandan which is in
the "vicinity of Bismarck. The Commission has no authority to limit destins-
tions or territory which a regular-route common carrier of passengers may serve
in special or chartered party operations. Central Bus Line Common Carrier
Application, 79 (80).

Motion amending application to substitute a 10-mile radius of Liberty, Ind.,
for that point and to add all highways in Liberty County, Ind., in conjunction
with main route between the Liberty area and Cincinnati, Ohio, allowed, as
amendment neither unduly broadened the issues nor materially prejudiced other
interested parties. Abernathy Common Carrier Application, 262 (263).

Amendment of application at hearing before one-State board concerning Mon-
tana operations, to include Wyoming, was disallowed for jurisdictional reasons.
Such an amendment necessitates hearing before a two-State joint board and
should be filed with the Commission. Aronson Common Carrier Application, 433

Motion to amend application at the hearing to include other commodities
handled and points served by applicant, denied. To grant the motion would be
to add routes and territories not directly related to those covered by the applica-
tion and thus unduly broaden the issues. Adams Common Carrier Application,
575 (576).

Amendment to application adding Augusta and Russell, Kans., as points of
origin was permitted. Interested parties would not be prejudiced thereby, and
to require filing of a new application covering those points would, under the
circumstances, result in unnecessary duplication, Beckler Extension-Ogallala,
Nebr., 578 (579).

Application amended at the hearing to exclude points included in application
but not served on routes traversed by applicant's predecessor. Hoosier Highways,
Inc., Common Carrier Application, 631 (632).

Objection to motion to amend "grandfather" application, amendment not being
seasonably filed and greatly extending territorial scope thereof, on ground that
notice of hearing limited issues to those under "grandfather" clause and that
protestants were unprepared to meet additional issues, was properly sustained.
Caravans, Inc., Contract Carrier Application, 659 (662–663)

Applications under "grandfather" clause erroneously including operations
instituted after statutory date may be amended to seek authority based upon a
showing that applicant is qualified and that operation is consistent with the
public interest, but such amendments should be made sufficiently in advance of
hearing dates to permit all parties to have proper notice of the issues. Should
applicant still desire to amend application, it should petition for reopening of
proceeding as to operations instituted subsequent to statutory date, for leave to
amend, and for further hearing. Upon filing petition within 30 days after service
of report, operations instituted between statutory and effective dates of the act
may be continued pending action thereof, and, if petition is granted, pending
determination of right to continue operation. Id. (663).

Application to amend "grandfather” application, filed in accordance with
instructions of Commission, was treated as an amendment to such "grandfather"
application and hearing held thereon as a further hearing on that application as
amended. Heyser's Nickle Plate Line Common Carrier Application, 745 (746).

“Grandfather" clause applications seasonably filed may be amended by appli-
cation therefor in keeping with rules of practice and an appropriate certificate or
permit issued on a showing of bona fide operation as required by the act. Id.

Application amended at the hearing to permit service to intermediate points
on its route. Harry B. Korman, Inc., Contract Carrier Application, 775 (776).

Denial for Want of Prosecution: See APPEARANCES.

When applicant had operated principally as a common carrier of livestock and
agricultural products, but failed to file application for "grandfather" certificate
seasonably, under erroneous assumption that such transportation was exempt,
his operations between February 12, 1936, and date of filing application were
unlawful but not an absolute bar to granting of a certificate. Lehmann Common
Carrier Application, 460 (461).

When carrier failed to file seasonably an application for permit under the "grand-
father" clause, due to uncertainty as to whether his operation was within the
Los Angeles, Calif., commercial zone, and determination that Los Angeles and
Los Angeles Harbor were separate commercial zones did not become effective
until after filing application, his unauthorized continuance of operations was not
an intentional violation of the act and permit should not be denied on that ground
alone. Vener Contract Carrier Application, 506 (507).

Amendment to application adding Augusta and Russell, Kans., as points of
origin was permitted. Interested parties would not be prejudiced thereby, and
to require filing of a new application covering those points would, under the cir-
cumstances, result in unnecessary duplication. Beckler Extension-Ogallala,
Nebr., 578 (579).

Carrier who failed to file application seasonably under the "grandfather" clause
is entitled to authority to continue operations only to the extent that public
convenience and necessity will be served or that operations are found consistent
with the public interest and policy declared in sec. 202 (a) of the act: Badger
Basin Distributors Contract Carrier Application, 181 (182); Lewis Common
Carrier Application, 296 (297); Nicola Common Carrier Application, 389 (390);
Savino Common Carrier Application, 445 (446); Warner Common Carrier
Application, 614 (615).

Form: See IN GENERAL and AMENDMENT under this heading.
Withdrawal: Applicant was permitted to withdraw, without prejudice to
reinstatement, application with respect to passenger-bus operation between
Morrisville and Doylestown, Pa., via Trenton, N. J., and Newton, Pa., and
between Newton and Burlington, N. J., via Bristol, Pa., other than between
Burlington and Bristol via bridge route across the Delaware River, because he
had no certificate from the State of Pennsylvania. Ferraro Common Carrier
Application, 583 (584).

Order granting applicant a contract-carrier permit to transport petroleum
products from Blue Creek, W. Va., to certain West Virginia and Ohio points, and
from Ashland, Ky., to Charleston, W. Va., was vacated and set aside and case
reopened for formal hearing upon petition of protesting rail carriers. Request
to operate from Ashland to Charleston was withdrawn; such partial withdrawal
made formal hearing unnecessary; and that part of reopening order providing
for formal hearing was vacated. Huffman Contract Carrier Application, 646


Continuity of Movement: See CONTINUITY OF MOVEMENT.


In General: Brokerage arrangement whereby applicant handled pool cars
or straight carloads of commodities for one or more consignees at Indianapolis,
Ind., or for reshipment as less than truckloads or less than carloads beyond,
or for stop-off and partial unloading at Indianapolis, rail carload charges being
prorated on less-than-truckload or less-than-carload hundredweight and collected
from consignee on delivery, was advantageous to both rail and motor carriers, as
it turned less-than-carload into carload freight for the long haul by rail, and gave
truck lines an increase in the short-haul traffic most profitable for them. It
was likewise an advantage to shippers because it afforded them the lower carload
rate and obviated the carrying of large inventories. Central Union Truck Term.,
Inc., Broker Application, 525 (526-527).


Definition: When applicant, a warehouse and distributing company, actually
participates in physical transportation of a door-to-door interstate or foreign
shipment, even though performing only pick-up or delivery service, its status
is that of a carrier, and, as to the particular transaction, that of a connecting
carrier; but when, for compensation, it sells, arranges, procures, or provides for
transportation to be furnished by others without any participation in physical
movement thereof, its status is that of a broker. Applicant cannot be both a
common carrier and a broker as to the same transaction, the definitions contained
in the act being mutually exclusive. Hibbitt Broker Application, 503 (504).

A brokerage license is required when the transportation service furnished is
subject to the act and compensation is charged therefor. When applicant waived
collection of percentages of total charges customarily allowed movers of household
goods on shipments it originated and hauled to its warehouse for delivery to road-
haul carriers, for furnishing lead or prospect, and for loading road-haul carrier's
truck at shipper's residence, in order to promote reciprocal dealings with other
motor carriers, its operations lacked the requisite element of compensation. Port-
land Van & Storage Co. Broker Application, 731 (733).

Applicants conducting a general travel bureau, who sold motor transportation
subject to the act as a distinct service, came within the definition of a "broker"
in sec. 203 (a) (18), and license to perform such service was required under sec.
211. Barash Broker Application, 777 (779).


In General: Application for authority to conduct brokerage operations in
connection with a travel bureau in arranging tours, vacation trips, and sightseeing
trips, in addition to making other special transportation arrangements, including
sale of tickets for highway, water, rail, and air carriers, found not consistent with
public interest and policy in sec. 203 (a). Swanberg Broker Application, 99.

Brokerage license granted terminal company which served all rail and motor
carriers without discrimination and did not try to influence routing of traffic.
Applicant served competing carriers, but maintained its own separate establish-
ment, so that its officers and employees could exercise discretion and independence
of action. Central Union Truck Term., Inc., Broker Application, 525 (527).

Operation as broker, by van and storage company, arranging for transportation
of used household goods and office equipment, found not consistent with the public
interest and policy declared in sec. 202 (a) of the act when applicant's operations
were either those of a common carrier, or reciprocal operations without necessary
element of compensation to constitute those of a broker. Portland Van & Storage
Co. Broker Application, 731 (732–733).

« PreviousContinue »