another proceeding, they were subject to objection under rule XIII (b) (2) of the
Rules of Practice. Lindley Truck Co., Commodities in Midwestern States,
705 (707).
Reports, by Carrier: See RECORDS (COMMISSION'S).
EXEMPTIONS. See specific commodities and operations exempted.
EXHIBITS. See EVIDENCE (EXHIBITS).
EXPEDITED SERVICE. See SERVICE (Adequate TranSPORTATION).
EXPRESS.
Common Carriage with Passengers: See Passengers.
EXPRESS COMPANIES.
Railway Exp. Agency, Inc., authorized to qualify as self-insurer under sec. 215.
Commission's system of accounts requires that disbursements discharging obliga-
tions of a self-insurer be treated as operating expenses and since applicant's
revenues for several years greatly exceeded operating expenses, after providing
for all necessary reserves, assumption was reasonable that future revenues would
exceed operating expenses by a sufficient margin to enable applicant to discharge,
without endangering the public interest or stability or permanency of its business.
such liability as it might be confronted with as a self-insurer arising out of opera-
tions conducted under the Motor Carrier Act. Railway Exp. Agency, Inc.,
Self-Insurance, 739 (742).
EXTENSIONS. See CONTRACT CARRIERS; CONVENIENCE AND NECESSITY.
FAIR LABOR STANDARDS ACT. See EMPLOYEES OF CARRIERS.
FARMER OPERATOR, RECORDS. See RECORDS (DRIVER'S LOGS).
FARMERS.
Exemption from Safety Regulations: See SAFETY (REGULATIONS TO IN-
SURE).
FARM TRUCKS. See SAFETY (REGULATIONS TO INSURE).
FATIGUE. See EMPLOYEES OF CARRIERS.
Applications: See SAVING CLAUSES (APPLICATIONS, Filing).
Schedules: See SCHEDULES (FILING).
Operators: See SECURITY FOR PROTECTION (RULES AND REGULATIONS OF
COMMISSION).
In General: Finding in 18 M. C. C. 257, denying extension of contract-carrier
service to additional shippers and territory when no special or unusual service was
offered which could not be adequately supplied by existing transportation facilities,
was correct in principle and neither constituted a finding that the proposed service
was common carriage nor departed from the express authorization of multiple
contracts in sec. 209 (b). To permit applicant to invade the territory of estab-
lished common carriers, in the capacity of a contract carrier serving only shippers
of his choosing, would deprive them of the cream of the traffic, to their disad-
vantage and that of the general public. Pregler Extension of Operations, 691
(693).
Clarified: See COMMODITIES (DESCRIPTION).
Modification: See CONVENIENCE AND NECESSITY (EXTENSION OF OPERA-
TION); MINIMUM RATES (PRESCRIPTION BY COMMISSION).
FORWARDERS. See also JOINT RATES AND FARES (JOINT TARIFFS).
Forwarding companies cannot lawfully avail themselves of the services of con-
tract carriers by motor vehicle, but must use those of common carriers by motor
vehicle and compensate them on basis of their full published tariff rates. O'Malley
Common Carrier Application, 276 (280).
FRATERNAL GROUPS. See PASSENGERS (CHARTERED OR SPECIAL OPER-
ATION).
FREQUENCY OF SERVICE. See SAVING CLAUSES (SPORADIC OPERATION).
FURTHER HEARING. See HEARING.
GIRL SCOUTS. See PASSENGERS (CHARTERED OR SPECIAL OPERATION).
GOVERNMENTAL TRAFFIC. See MAIL.
GRANDFATHER CLAUSE. See SAVING CLAUSES.
GROUPS AND GROUP RATES.
In General: See REDUCTIONS (JUSTIFICATION).
HEARING. See also APPEARANCES; REOPENING.
Further Hearing: Further hearing in proceeding prescribing maximum hours
for drivers in private-carrier service, to determine effect on their hours of Fair
Labor Standards Act, denied. Such effects could only be determined by a nation-
wide survey, since that act imposed no absolute maximum on weekly hours and
none at all on daily hours. Moreover, a law which failed to establish such limita-
tions was unsatisfactory from the standpoint of safety. Motor Carrier Safety
Regulations Private Carriers, 1 (10-11).
Petition for further hearing upon common-carrier application under the "grand-
father" clause was denied, when the record sufficiently disclosed the extent and
method of the operation and already contained a large volume of documentary
evidence, so that the additional evidence would be largely cumulative and would
not materially aid in determining the issues. Highway Motor Freight Lines,
Inc., Common Carrier Application, 621 (636).
Notice: See NOTICE.
HEARSAY. See APPEARANCES.
In General: Sections 206 (a) and 209 (a) forbid interstate transportation on a
public highway without the Commission's authority, but do not define limits of
Commission's jurisdiction. Stringing pipe and placing machinery along private
rights-of-way of pipe-line companies are "services" and "transportation" as
defined in sec. 203 (a) (19), which did not limit services and transportation to
those upon highways. Joe D. Hughes, Inc., Contract Carrier Application,
563 (564-565).
HOLDING OUT AS TEST OF COMMON-CARRIER STATUS. See COMMON
CARRIERS.
HOURS OF SERVICE. See EMPLOYEES OF CARRIERS; SAFETY (REGUla-
TIONS TO INSURE).
ICING. See PROTECTIVE SERVICES (REFRIGERATION).
INCREASED RATES.
In General: Modification of finding in 8 M. C. C. 287 was unnecessary when
increased rates were sought, since rates prescribed therein were minimum rates
and no authority was required to increase them. New England Motor Carrier
Rates, 361.
Publication in connection with minimum rate prescribed in 8 M. C. C. 287
on fresh and frozen fish from Boston, Mass., to New York and New Jersey points,
of a provision requiring shipper to furnish ice to be placed in the truck when needed,
would be in effect an increase in the rate and would not require modification of the
former finding. Id. (370).
INDEPENDENT CONTRACTOR. See CONTRACTS (INDEPENDENT CON-
TRACTOR).
IN PARI MATERIA. See CONSTRUCTION AND INTERPRETATION.
INSURANCE. See SECURITY FOR PROTECTION (INSURANCE).
INSURANCE POLICIES. See SECURITY FOR PROTECTION (INSURANCE).
Legislative: See CONSTRUCTION and Interpretation (Legislative Intent).
Shippers', as to Whether Shipment Interstate or Intrastate: See
CONTINUITY OF MOVEMENT.
Connecting Lines: See also SAVING CLAUSES (ROUTES, SCOPE); SERVICE
(ADEQUATE TRANSPORTATION).
Common-carrier authority granted under the "grandfather" clause did not
include authority to serve intermediate points which had been served only by
interchange with other carriers. Highway Motor Freight Lines, Inc., Common
Carrier Application, 621 (634).
INTERMEDIATE POINTS.
See ROUTES (SCOPE OF OPERATION); TRANSIT
INTERRUPTION OF SERVICE. See SAVING CLAUSES (INTERRUPTION OF
In General: Although Supreme Court has held that whether transportation is
in interstate commerce depends on the particular facts and there can be no absolute
rule, a practical rule is necessary to determine which private-carrier employees are
subject to Commission's hours-of-service regulations and therefore exempt from
hours provision of Fair Labor Standards Act. Transportation across a State
line or international boundary is unquestionably subject to Motor Carrier Act,
and the vehicle and driver are subject to Commission's regulations. Under
findings in 17 M. C. C. 661, transportation wholly within a State is in interstate
commerce if coupled with further movement by another carrier to or from points
beyond under a continuing intent embracing the through interstate carriage.
However, if the ultimate destination was not definitely known and intended at
the inception of the movement, the interstate transportation ordinarily termi-
nates at the interchange point and the haul over intrastate routes is intrastate
transportation not subject to regulation by Commission. 275 U. S. 257. Motor
Carrier Safety Regulations-Private Carriers, 1 (38-39).
Continuity of Movement: See CONTINUITY OF MOVEMENT.
INTERSTATE COMMERCE ACT.
Part I cited or construed: Brady Transfer & Storage Co. Common Carrier
Application, 767 (771); Insurance on Alcoholic Liquors in Southern Territory,
749; Lindley Truck Co., Commodities in Midwestern States, 705 (707); Rail-
way Exp. Agency, Inc., Self-Insurance, 739 (740); Star Cartage Co. Common
Carrier Application, 202 (204).
INTERSTATE COMMERCE COMMISSION. See also particular duties or
functions by name.
The Commission, in prescribing safety regulations for motor carriers, exercises
a quasi-legislative function, and may use its discretion in prescribing less stringent
rules for farm trucks than for vehicles of ordinary private or for-hire carriers,
where justified by circumstances and conditions surrounding their operation.
286 U. S. 352. Motor Carrier Safety Regulations-Private Carriers, 1 (24).
INTERVENTIONS.
Subsequent to Hearing: Subsequent to the hearing and after the expiration
of the time for filing exceptions, a petition for leave to intervene and be a party
to any further proceedings, for the purpose of disputing the applicant's request
for authority to operate over certain route, was granted. Highway Motor
Freight Lines, Inc., Common Carrier Application, 621 (622).
INTRASTATE CERTIFICATES, REGISTRATION. See Convenience AND
NECESSITY (CERTIFICATES).
In General: See CONVENIENCE AND NECESSITY (EXTENSION OF OPERATION).
Interstate Operation over: See CONTINUITY OF MOVEMENT.
Municipalities: See MUNICIPALITIES.
IRREGULAR ROUTES. See Passengers (CharTERED OR SPECIAL OPERATION);
ROUTES (SCOPE OF OPERATION) (SUBSTITUTION OR CHANGE); SAVING CLAUSES
(SCOPE OF OPERATION, GENERAL, ETC.).
Broadening: See also ROUTES (SCOPE OF Operation).
When change in character of applicant's operations subsequent to both the
"grandfather" date and effective date of the act extinguished any right to con-
tinue his existing operation, and he had not filed application for authority to
perform the new service, the matter of authorization thereof was not in issue in
proceeding on "grandfather" application, but must be made the subject of another
proceeding. Winfree Contract Carrier Application, 349 (352).
Parts I and II of the Act: See CONSTRUCTION AND INTERPRETATION (IN PARI
MATERIA).
Scope: See also NATIONAL INDUSTRIAL RECOVERY ACT; PASSENGERS (FARES
AND CHARGES).
Order in 22 M. C. C. 477 prescribing regulations governing transportation of
explosives and other dangerous articles by common or contract motor carriers,
modified to make regulations apply to "transportation" by such carriers rather
than to "operations and equipment," the change being justified by the scope of
the proceedings. Motor Carrier Safety Regulations-Explosives, etc., 649.
JOINT BOARDS.
In General: Recommendation of the joint board, which had the advantage of
first-hand knowledge of the route and points involved and the extent to which
applicant's continued operation would affect the existing competitive situation,
that certificate be issued to transport general commodities between Terre
Haute and Indianapolis, Ind., approved. Motor Freight Corp. Extension-
Indianapolis-Terre Haute, 412 (416).
Procedure: See PROCEDURE.
JOINT RATES AND FARES.
Joint Tariffs: Following citation in 17 M. C. C. 549 of certain forwarding
companies to show cause why their joint tariffs with regulated motor carriers
should not be stricken from the files as not in consonance with sec. 217 (a), and
respondents having been found in application proceedings, or having admitted
themselves either directly or by default of return to the citation, to be in fact
forwarders, such joint tariffs were found void, unlawful, and improperly on file
with Commission, and were ordered rejected and stricken from the files. Tariffs
of Forwarding Companies, 95.
JOINT SERVICE. See RAIL-AND-MOTOR (COORDINATION OF SERVICES).
JURISDICTION. See various tribunals or functions by name.
LEASE. See EQUIPMENT (LEASED).
LEGISLATIVE FUNCTION OF COMMISSION. See INTERSTATE COM-
MERCE COMMISSION.
LEGISLATIVE INTENT. See CONSTRUCTION AND INTERPRETATION (LEGIS-
LATIVE INTENT).
Rates: The normal basis of rates for less-than-truckload shipments, especially
high-grade traffic such as alcoholic liquors, is the classification basis, and common
carriers should not establish commodity less-than-truckload rates on such traffic
except in compelling circumstances. Alcoholic Liquors, New Orleans, La., to
Columbus, Ga., 701 (703).
Ratings: Proposed reduced less-than-truckload rating of class 55 (55 percent
of first class) on paper and paper articles in central territory, found justified to
meet similar rail rating, when there was no reason to conclude that it would be
less remunerative for less-than-truckload than for less-than-carload traffic.
Central Territory Motor Carrier Rates, 93.
LETTER. See EVIDENCE (ADMISSIBILITY).
LIABILITY OF CARRIERS.
In General: If a carrier conforms only to Commission's minimum insurance
requirements, it remains unprotected with respect to possible excess losses. Α
common carrier may by contract, if not otherwise barred by statute, limit or
extend and enlarge the liability to which it is subject under its ordinary contracts
of carriage. Such special contracts must, however, be invested with all the
requirements of validity attaching to other forms of contracts. Mutual assent
and a valuable consideration must exist to support the assumption of more than
common-carrier risks, or to support a restriction or limitation of those risks.
Insurance on Alcoholic Liquors in Southern Territory, 749 (752).
Section 219 of the act, by incorporation of the provisions of sec. 20 (11) of
part I of the Interstate Commerce Act, makes common carriers liable for any
loss, damage, or injury which they cause to property transported by them. Id.
(752).
Brokerage: See BROKERS (LICENSES).
LIENS. See SAVING CLAUSES (INTERRUPTION OF SERVICE).
LIMITATION OF CERTIFICATES. See CONVENIENCE AND NECESSITY
(CERTIFICATES).
LIMITATION OF PERMITS. See CONTRACT CARRIERS (PERMITS).
LINE HAUL.
In General: Agreement providing for lease of certain line-haul equipment,
which did not specifically provide for lease of operating rights, did not confer the
status of a line-haul carrier on applicant who solicited and collected interstate
shipments at Denver, Colo., when he had never had possession of such equipment
or exercised any control over its physical operation or over its driver, and the
truck was registered and insured by the line-haul carrier and operated under his
general supervision and responsibility to the public. Regardless of the validity
or scope of the lease, the actual manner of operation was controlling, and the pick-
up and line-haul services were separate and independent. Denver-Seattle Truck
Lines Common Carrier Application, 793 (796-797).
Services Included in Line-Haul Rates: Any operations in performance of
pick-up and delivery services for line-haul motor carriers are those of a common
carrier by motor vehicle, and authority for continuance thereof is necessary.
Brady Transfer & Storage Co. Common Carrier Application, 767 (771-772).
LIQUOR LAW REPEAL AND ENFORCEMENT ACT, 1935.
Section 16, title I, of the Liquor Law Repeal and Enforcement Act, approved
August 27, 1935, provides that the tax may be abated only when the liquor is
transported by common carriers subject to the Transportation Act, 1920, and the
Merchant Marine Act, 1920, as amended, and has not been amended to include
reference to the Motor Carrier Act. There is, therefore, no provision for abate-
ment of the Federal tax on liquor lost or damaged while in possession of motor
carriers. Insurance on Alcoholic Liquors in Southern Territory, 749 (750).
LOADING.
In General: Difference in loading in aluminum and wooden half barrels was
insufficient to justify prescription of reduced rate on aluminum half barrels 25
percent less than on wooden half barrels. New England Motor Carrier Rates,
361 (368).
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