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ABANDONMENT: Carrier which obtained additional intrastate authority in
order to participate in war traffic was unable, owing to equipment shortage, to
continue all interstate service, and thereupon, despite advice that such action
would amount to abandonment requiring prior approval, notified shippers that it
would suspend all service on a certain interstate route during the war, and there-
after referred shippers to carriers who would interchange with it. Such failure to
render continuous and adequate service required by its certificate could only be
viewed as willful. Compliance order issued. R. D. Fowler Motor Lines, Inc., 0.
Colonial Motor Frt. Lines, Inc., 781 (782, 784).

ALTERNATE: When an alternate route, involving no additional service, will
enable a carrier to render a more efficient and economical service without unduly
affecting existing carriers, it should be authorized. Burlington Transp. Co.
Ext.-I11., Iowa, and Mo., 729 (731);

-Of three such alternate routes sought, that one was authorized which would
result in the greatest operating economies. Id. (731);

- When applicant already had authority for another alternate route almost
equally shorter than the principal route, authority was denied. Id. (734);

-But operating-convenience route was authorized although distance was about
the same as over existing route, when latter was a winding road with steep grades,
heavy traffic, and numerous traffic signals, and use of proposed route for express
bus schedules would permit safer, more economical, and possibly faster transpor-
tation. Public Serv. Interstate Transp. Co.-Bergen Turnpike, 599 (608, 611).

CIRCUITOos: See also Joint RATES AND FARES. Although difficulty of exactly
determining shortest routes between initial origin and ultimate destination,
necessity for detours due to road conditions, and considerations of operating
efficiency and economy warranted liberal treatment of irregular-route carrier
in imposing circuity limitation on partial loading or unloading in transit, those
practical difficulties would not justify operation over unduly circuitous routes
for benefit of particular shippers at no greater compensation than via direct
routes, or incurrence of extra expense for one shipper without reasonable com-
pensation. Rules of Mich. and Nebr. Transit Co., 269 (274);

- But while intermediate stops by such carriers should be restricted to preclude
unreasonable out-of-line hauls, limitation to points on routes not over 7.5 per
cent circuitous would be unduly restrictive when it would afford scant leeway
for stops at points not on short-line routes, and line-haul rates presumably re-
flected some out-of-line mileage. Restriction to points on routes not over 12.5
percent longer than most direct route via paved highways to final destination
would be reasonable. Id. (275).

Radial V8. NONRADIAL: "On the one hand” and “on the other” are words
of extremity in both common and legal parlance and are used in certificates
solely to denote radial operations between a base point and points in a described
area, as distinguished from unlimited nonradial operation. Gay's Exp., Inc., o.
Haigis and Nichols, 277 (279).

Authority for radial operation is limited to service to and from a base, and
while it does not restrict interchange with other carriers at the base or at other
points in the authorized area, a carrier having only radial authority may not
render service between other points via the base point under fiction of inter-
change with itself at that point. Gay's Exp., Inc., v. Haigis and Nichols, 277
(279, 280); G. & M. Motor Transfer Co., Inc., Com. Car. Applic., 497 (500);

-Such interpretation of radial authority would amount to creation of a new
operating right. G. & M. Motor Transfer Co., Inc., Com. Car. Applic., 497 (501);

– To permit cross hauls via the base point would eliminate distinction between
radial and nonradial carriers and place all irregular-route carriers in the same
category, except that those restricted to a base point would be compelled to per-
form a circuitous and uneconomical operation. It would confuse the motor-
carrier industry and undermine value of many operations, contrary to public
interest and the national transportation policy. Id. (504);

-Certificate for operation from two N. C. points to a wide territory and from
that territory to N. C. conformed to pattern of applicant's "grandfather" oper-
ations, defined applicant's rights without ambiguity by use of “to" and "from,"
and did not authorize enlargement by interpreting “to” and “from” a point to
mean through it. Id. (500);

- Whether radial operation authorized was economically feasible or otherwise
reasonable was pertinent only in proceeding on the "grandfather” application,
and was beyond issues raised by complaint alleging unlawful performance of
nonradial service. Gay's Exp., Inc., o. Haigis and Nichols, 277 (281).

cant's operation under purchased irregular-route rights having been attacked,
application for regular-route authority between same termini was granted, as
successful operation over irregular routes between points only 38 miles apart
would differ little from regular-route service, and the line of demarcation, for
that distance, was difficult to define. Babcock Ext. of Operations- Regular
Route, 142.

Extension authority was limited to irregular routes when "grandfather"
operation of which it was claimed to be a continuance or expansion was of that
type, no terminals or operating schedules were maintained, and irregular routes
were sought in same territory as proposed regular routes, without showing of dif-
ference in services. Interstate Truck Service Inc., Com. Car Applic. 375 (383).

Interpretation in 42 M. C. C. 123 of “unnumbered roads," in bus line's "grand-
father" certificate, as limiting operation only to reasonably direct roads, would
make that term equivalent to "irregular routes" and would permit carrier to
change its route at will, within undefined circuity limits, and to use highways and
serve intermediate points not within its "grandfather” operation. Under sec.
207, certificates for common carriers of passengers must be limited to regular
routes, and in "grandfather" certificates "unnumbered roads" has generally
been used to mean the specific roads used in the past and detailed in the applica-
tion and evidence, though not assigned a designation by the governing authorities.
Manhattan Coach Lines, Inc., 0. Adirondack Transit Lines, Inc., 477 (480).

As proposed sedan service was a special operation such as is customarily per-
formed over most convenient highways, irregular-route authority was granted
although regular route had been applied for. Greenfield Com. Car. Applic., 555

Transportation performed solely on shippers' demands, by contract carrier
who rendered specialized service between certain mill centers and numerous
consuming points, and who must use all available highways to render efficient
service, was an irregular-route operation. Longshore Ext.-Salem-Youngstown,
Ohio, 755 (760).

SCOPE OF OPERATION: See also SAVING CLAUSES. “Territory” is not a word of
art, and characteristics of the service involved, as well as geographical area served,
are relevant to determination of scope of territorial authority, which may include
permission to serve all points in the area, or only designated points, or all points
in one part and selected points in another. G. & M. Motor Transfer Co., Inc.,
Com. Car. Applic., 497 (500); Deaton Truck Lines, Inc., Com. Car. Applic., 585



Although all other authority between N. J. counties and seaboard States was
revoked, carrier was permitted to continue local operation between Essex County
and New York commercial zone, notwithstanding it had hauled no such ship-
ments during 6 weeks preceding filing of compliance affidavit, when that operation
was in a class with its local intrastate service, Aero Mayflower Transit Co. e.
William Schafer & Son, Inc., 657 (660).

of Operation). "Grandfather" certificate for operation over "unnumbered roads
to Weehawken

thence across the Hudson River to New York”
limited service to roads. highways, and streets and to method of crossing the
river (ferry) used on the "grandfather" date, and did not authorize subsequent
departure from that route to use the Lincoln Tunnel when opened, serving new
intermediate points. Manhattan Coach Lines, Inc., 0. Adirondack Transit
Lines. Inc., 477 (482).

Change of route in N. J., with service at all intermediate points, by bus line
already furnishing intrastate service on proposed route, authorized when it would
permit passengers from that area to reach Manhattan without transfer and would
not cause curtailment of any existing service, since applicant served no inter-
mediate points on the old route. Public Serv. Interstate Transp. Co.- Bergen
Turnpike, 599 (610, 611).

SALARIES AND WAGES. A general rate increase which would permit
respondents to recover out of future earnings what they had been required to
pay employees under retroactive wage awards by National War Labor Board
was not justified. Increased Com. Car. Truck Rates in New England, 13 (22).

APPLICATIONS. AMENDMENT: Amendment of "grandfather” application to
eliminate certain commodities and territory should not be so narrowly construed
as to preclude grant of any authority justified by the evidence. Deaton Truck
Lines. Inc., Com. Car. Applic., 585 (587).

APPLICATIONS, COMMON CARRIER: Denial: Liberty Motor Frt. Lines, Inc.,
Com. Car. Applic., 446; Moore Com. Car. Applic., 91; Robinson Stor. Corp.
Com. Car. Applic., 159; Southeastern Motor Lines., Inc., Com. Car Applic., 37.

Grant: Bekins Van & Stor. Co. Com. Car Applic.. 401; Loraine Transfer Co.,
Inc., Com. Car. Applic., 569; Railway Exp. Agency, Inc., Com. Car. Applic.,
463; Taylor Com. Car. Applic., 44.

Partial Grant: Bianchi Com. Car. Applic., 26; Campus Travel, Inc., Com. Car.
Applic., 421: Carolina Frt. Carriers Corp. Com. Car. Applic., 221; Deaton Truck
Lines, Inc., Com. Car. Applic., 585; Derr Contr. Car. Applic., 437; Elders Trans-
fer Co., Inc., Com. Car. Applic., 63; McMaken Com. Car. Applic., 55; National
Trucking Co., Inc., Com. Car. Applic., 489; Newkirk Contr. Car. Applic., 85;
Shawmut Transp. Co., Inc., Com. Car. Applic.. 6; Sullivan, Long & Hagerty,
Inc., Com. Car. Applic.. 203; Wallace Com. Car. Applic., 307.

APPLICATIONS CONTRACT CARRIER: Grant: Bonner Hauling Co., Inc., Com.
Car. Applic., 563; Zimmerman Trucking Service, Inc., Contr. Car. Applic., 33.

Partial Grant: Derr Contr. Car. Applic., 437 (440).

Bona FIDE OPERATION: A holding out to supply or arrange for transportation
does not establish carrier status, since a forwarder or broker would do as much.
Applicant must show that he actually performed such transportation in equip
ment owned by him or operated under his direction, control, and responsibility.
Moore Com. Car. Applic., 91 (100);

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-No "grandfather” rights accrued from transportation in equipment of
others under alleged leases, when drivers were hired and paid by the owners and
applicant's control did not go beyond instructions as to time and place of delivery.
nor did he bear cost of operation, maintenance, insurance, State permits, or
drivers' fines. Though some vehicles bore his name, none was reserved for his
exclusive use, and owners also conducted independent operations. Id. (101);

- Nor did operation with owned equipment on the "grandfather" date estab-
lish his claim, when during several subsequent years he owned no vehicles. Id.

COMMODITIES, SCOPE: See also RETURN LOADING. The test of a general-
commodity right is whether actual operations were consistent with such a broad
holding out. Elders Transfer Co., Inc., Com. Car Applic., 63 (66);

-Holding out to transport all commodities suited to applicant's equipment
was disregarded when all shipments but a few were limited to three special
classes, volume of which utilized capacity of all vehicles operated on the "grand-
father" date; shipments of other articles, although available at larger points,
were not shown to have been solicited; and only 5 of 1,300 recent shipments con-
sisted of other commodities. Carolina Frt. Carriers Corp. Com. Car Applic.,
221 (227);

-General-commodity authority was denied when documentary evidence
showed service restricted to a few, according to direction and States served.
Since the destination States included important cities, it was inconceivable that
applicant could not have obtained more varied return loads. Wallace Com. Car.
Applic.. 307 (311);

- When out-bound shipments, which far exceeded those in-bound in volume
and variety, were limited to heavy and bulky articles and in-bound operations to
such articles as were readily transported in flat-bed or open-top equipment, and
applicant admittedly solicited truckloads and did not handle package freight.
Deaton Truck Lines, Inc., Com. Car. Applic., 585 (593).

Protestants who withdrew objections in reliance on applicant's stipulation that
it would limit "grandfather” claim to operations specified in amended application
were not prejudiced by consideration of evidence respecting commodities within
the classes therein claimed. Id. (586, 587).

Applicant was not entitled to transport cotton-factory products when service
restricted to Ala prior to the "grandfather" date had been discontinued. Trans-
portation to or from points outside Ala. after that date was an unauthorized new
operation. Id. (590).

Authority was granted for every commodity which could reasonably be con-
sidered in same class as those transported in the past with sufficient regularity and
volume to constitute a bona fide operation. Id. (591);

- But authority for commodities not previously carried, although in a broad
class with those transported in the past, would permit applicant to invade the
field of other carriers with a new operation, and would be improper without proof
of convenience and necessity. Id. (591);

- Authority for plumbing and heating supplies, which comprise a recognized
trade group, would embrace many articles not shown to have been carried in the
past. But past transportation of such supplies did not entitle applicant to carry
every other commodity used in building construction. Authority for hardware,
building, and roofing materials, which are independent trade groups, denied.
Id. (591).

INTERRUPTION OF SERVICE: See also PURCHASE. Following decision of Federal
Court that Commission erred in finding that discontinuance of service by appli-
cant's predecessor, due to bankruptcy, was an interruption within its control,
denial of "grandfather” application on that ground was reversed. Shawmut
Transp. Co., Inc., Com. Car. Applic., 6 (7);

- But extended lapse in certain operations of the predecessor, prior to appoint-
ment of receiver, defeated "grandfather" claim. Id. (9).

Although applicant at informal conference before a Commission representa-
tive, had signed a statement limiting his "grandfather" claim to specific commodi-
ties and had not objected to limited-commodity certificate, failure to continue
general-commodity operation was beyond his control when he was at that time
unaware of his right to formal hearing and determination, and. when informed of
his rights, exercised due diligence by immediately seeking reconsideration.
Bianchi Com. Car Applic., 26 (29, 30).

Applicant conducting a "one-man" business was not responsible for curtailment
of service, due to illness which incapacitated him for active management, when he
made a reasonable attempt to continue a consistent operation. Id. (29. 30).

Unexplained lapse of several months between last shipment by vendor and first
shipment by applicant's predecessor as vendee of claimed rights was an inter-
ruption within the predecessor's control. Southeastern Motor Lines, Inc., Car.
Applic.. 37 (40).

Substantial curtailment of service during 4 months, due to labor and financial
difficulties, did not destroy rights accrued from many years of operation, when
applicant maintained offices and accepted all shipments tendered transporting
them with his remaining equipment or arranging for carriage by others. McMaken
Com. Car. Applic., 55 (57. 58).

ROUTES, Scope: See also PASSENGERS (Chartered or Special, etc.); ROUTES.
Before "grandfather" authority may be granted for a territorial operation, past
service must be shown to enough points in the claimed territory to be represents
tive of the whole. Sullivan, Long & Hagerty, Inc., Com. Car. Applic., 203 (207);

-Although applicant, prior to the "grandfather" date, had transported ship-
ments from only one point adjacent to Hickory, N. C.. solicitation and subsequent
transportation of traffic from points within 40 miles of Hickory indicated ed-
deavor to serve that territory. Elders Transfer Co., Inc., Com. Car. Applic.,
63 (66);

- When applicant doing business at Cherryville, N. C., held out to serve a
territory, distance from Cherryville to most distant origin served was taken as
radius of territory served prior to the "grandfather" date, and service thereafter
to that and points in 13 counties. which formed a compact group comprising
nearly all the 55-mile area, was considered representative of operation from those
counties as a base area. Carolina Frt. Carriers Corp. Com. Car. Applic., 221

-Household-goods carrier was granted authority for R. I. and W. Va., although
it had not served them in the past, when they were embraced in its territory,
considered as a whole. Bekins Van & Stor. Co. Com. Car. Applic., 401 (411);

- As brewery's demands for transportation to distributors could be expected
to fluctuate, some latitude in territorial authority of contract carrier serving it
should be allowed. Applicant was entitled to continue operations to States
actually served in the past. Derr Contr. Car. Applic., 437 (440);

- Authority for radial destination territory was broadened to include points
within 250 miles of base point, instead of 150 miles, when the service was a special-
ized one to changing construction sites, and evidence showed that past service,
although infrequent, was continuous in that it was performed whenever requested.
Loraine Transfer Co., Inc., Com. Car. Applic., 569 (571, 572).

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