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).
AFFILIATED COMPANIES. See also CONSOLIDATION AND CONTROL; PRI- VATE CARRIERS; RAIL-AND-MOTOR.
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).
AGREEMENTS. See BROKERS; LEASES.
AGRICULTURAL COMMODITIES. See also LIVESTOCK.
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).
AMENDMENT TO APPLICATION. See APPLICATIONS (Amendment). ANY QUANTITY.
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. APPLICANTS.
Parties, Proper: See PARTIES (APPLICANT).
Qualifications: See COMMON CARRIERS (QUALIFICATIONS); CONTRACT CAR- RIERS (QUALIFICATIONS).
APPLICATIONS. See also CONTRACT CARRIERS (PERMITS); CONVENIENCE AND 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 destina- 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. (746).
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.
Filing: See also NOTICE; OPERATION (WITHOUT AUTHORITY); SAVING CLAUSES. 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 (647).
ARRANGEMENTS BETWEEN CARRIERS. See COMMON CONTROL, MANAGE- MENT, OR ARRANGEMENT.
BACK-HAUL LOADING. See RETURN (Loading).
BAGGAGE. See PASSENGERS (COMMON CARRIAGE OF PASSENGERS). BILLING.
Continuity of Movement: See CONTINUITY OF Movement. BOUNDARIES OF MUNICIPALITIES. See MUNICIPALITIES.
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).
Classification: See CLASSIFICAtion (Carriers of Property).
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).
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