In re T.F. Boyle Transportation, Inc.

Decision Date15 June 1995
Docket NumberB-259452
PartiesMatter of: T.F. Boyle Transportation, Inc.
CourtComptroller General of the United States

Under the Military Traffic Management Command's Freight Traffic Rules Publication No. 1A, a carrier has no basis for claiming duplicate additional charges for Dual Driver Protective Service, Satellite Motor Surveillance Service, and Expedited Service merely because the shipper ordered both van and dromedary service in the same shipment. Both the van and the dromedary were drawn at the same time by one tractor, and one set of drivers controlled and reported on the entire shipment.

DECISION

T.F Boyle Transportation, Inc., requests that we review the General Services Administration's (GSA) settlement affirming the Department of Defense's (DOD) prepayment audit action on government bill of lading (GBL) D-0, 298 579.[1]DOD rejected $1, 297.72 of T.F Boyle's original charges because it billed twice for Dual Driver Protective Service (DD), Satellite Motor Surveillance Service (SM), and Expedited Service (EX). The parties ask us to decide whether T.F. Boyle may bill for these accessorial services only once as the government contends, or twice, once on the van and once on the dromedary, the "per vehicle" basis advanced by T.F. Boyle. In the circumstances involved here, we find that the carrier may bill only once for these services. We affirm GSA's audit action.

The shipment involved the February 1994 movement of five pallets of explosives from Virginia Beach, Virginia, to Killeen Texas. The description of the articles on the GBL suggests that some of the lading had to be segregated from other portions of the lading.[2]Thus, to assure segregation within the shipment, the shipping activity ordered van service and a dromedary box.[3]

In its initial correspondence to GSA, [4]T.F. Boyle argued that the van and the dromedary constituted two separate shipments and that charges for accessorial services applied on each. In later correspondence, the company emphasized that there were two "vehicles" (the dromedary container on the tractor, and the van) and that charges for each accessorial service applied to each vehicle. T.F. Boyle argues that it was separately responsible for security on the dromedary container and the van, and to demonstrate the separate nature of this responsibility, it argues that "some military installations offer safe parking for trailers only - but not power units [tractors] that have munitions in the dromedary." The record indicates that the same tractor which carried the dromedary also pulled the trailer van. GSA contends that there was one vehicle and one shipment.

To address the merits of T.F. Boyle's claim, we should describe such terms as "shipment, " "vehicle, " and the focus and basis of each accessorial service and applicable charge. Item 1001 of MFTRP 1A defines a shipment as a quantity of freight tendered for transportation by one shipper at one point on 1 day on one bill of lading for delivery to one consignee at one site at one destination. There is no indication that this shipment varied in any way from the parameters of this definition.[5]

Item 35 of MFTRP 1A describes Dual Driver Protective Service (DD) as the continuous responsibility, attendance, and surveillance of a shipment through the use of two (dual) qualified drivers in the same line-haul vehicle, and includes the maintenance of a DD Form 1907. Under Item 35 and T.F. Boyle's individual tender, DD charges of $.06 applied on a per mile per vehicle or dromedary service basis. Item 47 of MFTRP 1A describes Satellite Motor Surveillance Service (SM) as a service which provides truck location reports, in-transit status changes, and emergency situation notifications to DOD. Under Item 47 and T.F. Boyle's individual tender, SM charges of $.22 per mile applied subject to a minimum charge was $160 per vehicle or dromedary service. Item 110 of MFTRP 1A described Expedited Service (EX) as the immediate dispatch of a shipment in continuous line-haul service to meet the shipper's/consignee's required delivery schedule. Under Item 110 and T.F. Boyle's individual...

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