Western Truck Lines, Ltd.
| Decision Date | 15 July 1963 |
| Docket Number | B-148615,B-148465 |
| Citation | 43 Comp.Gen. 54 |
| Parties | THE WESTERN TRUCK LINES, LTD. |
| Court | Comptroller General of the United States |
Transportation - routes - misrouted - liability for excess charges - general rule. Transportation - routes - misrouted - liability for excess charges - tariff shipments. Transportation - routes - misrouted - liability for excess charges - tariff shipments. Transportation - routes - misrouted - liability for excess charges - special rate shipments in the transportation of unrouted government shipments by motor carrier, the initial carrier has the duty of forwarding the shipment over lines of connecting carriers via the route which produces the lowest total charge to the government and the failure of a carrier to forward a shipment over the lowest applicable rate route makes it guilty of misrouting and liable for the excess transportation charges. In the transportation of government shipments which are subject to rates and routes provided in interstate tariffs regularly published and filed with the interstate commerce commission, all carriers participating in the movement are charged with knowledge of the legally published tariff rates or charges. A destination motor carrier that had a government bill of lading indicating that an unrouted shipment was misrouted and that the shipper was entitled to the lowest available charge under a regularly published tariff when it presented its bill for payment is not only chargeable with knowledge of the proper rate under the tariff but is the carrier that had the opportunity of charging the carrier that misrouted the shipment with the excess charges and of assessing any other connecting carriers its proper proportion of the actual route-of-movement charges thereby eliminating any circuity of action in collecting the excess charges and, therefore, recovery of the excess transportation charges from the destination carrier is proper. An initial motor carrier that was tendered unrouted government shipments subject to a special rate quotation authorized under section 22 of the interstate commerce act 49 U.S.C. 22 (1), and forwarded the shipments over lines of connecting carriers other than carriers participating in the special rate quotation is, in the absence of any evidence that the destination carrier had knowledge of the misrouting the carrier responsible for the misrouting and, therefore the carrier liable for the excess transportation charges.
In your letter of February 5, 1963, you request review of our disallowance of your claims, per bill Nos. G-02475, g-02259 g-02845, and g-02935. These claims were disallowed by our office because they cover excess freight charges accruing as a result of misrouting. See, in this connection, the decision of the United States supreme court in hewitt- robins, Inc. v Eastern freight-ways, Inc., 371 u.S. 84,, holding that a shipper by motor carrier has a right to recover the difference in rate charges resulting from improper routing by the carrier of a shipment over other than the least expensive available route. In our prior recovery of the excess charges paid on the shipments covered by bill Nos. G-02845 and g 02935, your company was held liable as origin carrier; whereas, in our recovery in the other two instances you were held liable as destination carrier. Therefore, in your request for review you state- -
We are somewhat at a loss to understand the principles outlined by the general accounting office, since we note that, while all four claims are based on mis-routing, two have been presented to ourselves as the origin carrier and two have been presented to us as the destination carrier. Perhaps your office can explain this inconsistency to us, both with respect to these specific claims and any future ones that we might receive; when such claims are based on mis-routing.
The claim on your bill No. G-02475 concerns a shipment under government bill of lading No. N-34065512, dated August 19, 1959, which was tendered by the consignee at destination. For the service performed on this shipment your company originally claimed and was paid charges of $546.88, based on the less-than-truckload rates applicable on the several commodities contained in the shipment. On audit of the payment voucher in our office a notice of overcharge was issued to your company for refund in the amount of $61.22, subsequently recovered by administrative deduction. Our office computed the charges on the basis of a lower class 200-rating on an item of 380 pounds of insulating material, which lower rating is authorized in item 300 of rocky mountain motor tariff bureau transcontinental class tariff 21-b, mf-i.C.C. No. 117, and applies in connection with all carriers participating in the tariff except western truck lines, ltd., and one other carrier.
The claim on your bill No. G-02559 concerns two shipments of class "b" explosives on government bill of lading Nos. N-34513768 and n 34513769, dated August 25, 1959, and September 2, 1959, and weighing 128 pounds and 174 pounds, respectively, which were tendered unrouted to central freight lines, Inc., at mcgregor, texas, for movement to china lake, california. The shipments were delivered to the consignee at china lake western truck lines, ltd. For this service you originally claimed and were paid freight charges in the amount of $906.75 for each shipment, computed on the basis of a class-150 rate of $12.09 per 100 pounds provided in r.M.M.T.B. Tariff No. 21-b, mf-i.C.C. No. 117, at a minimum weight of 7, 500 pounds provided in the minimum charge rule in item 932 of r.M.M.T.B. Tariff No. 20-b, mf- i.C.C. No. 101. Note 2 in item 932 provides that via any one or any combination of the 33 carriers listed in note 2--- including central freight lines, the initial carrier in this case, but not including western truck lines--- the minimum charge will not apply. Therefore, on audit of the payment voucher, our office computed charges at the published through rate of $12.09 per 100 pounds at the actual weights of the shipments resulting in overcharges of $891.27 and $885.71 assessed against your company as destination carrier and subsequently recovered by administrative deduction. It May be noted that the shipments covered by your bills g 02475 and g-02559 both moved under rates provided to regularly published and filed tariffs which were also available to the public at large.
On the other hand, your claim No. G-02845 covers a shipment of personal effects transported under government bill of lading No. A 8954191, dated April 28, 1961. The shipment was tendered unrouted to western truck lines, which was a party to a...
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