To all Common Carriers of Property Subject to the Motor Carrier Act, 1935 |
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George B. McGinty
Interstate Commerce Commission
21 March 1936
March 18, 1936.
Notice
Information received by the Commission indicates that some motor carriers provide in their tariffs and bills of lading, rules or provisions which limit their liability to the shipper in case of loss, damage, or injury to property transported. Under Section 219 of the Motor Carrier Act, 1935, and Section 20 (11) of the Interstate Commerce Act, a common carrier by motor vehicle may not limit its liability for loss, damage, or injury to property transported in freight or express service unless the carrier has been authorized by an order of the Commission to establish and maintain rates dependent upon the value declared or agreed upon in writing by the shipper as the released value of the property. Therefore, if tariffs filed with the Commission in compliance with the Motor Carrier Act, 1935, contain limitations upon a common carrier’s liability as to property transported in freight or express service, such limitations will be void and without effect on and after the effective date of Section 219 of the Motor Carrier Act, 1935, unless authorized by an order of the Commission permitting establishment and maintenance of such rates dependent upon the value declared or agreed upon as the released value by the shipper. Tariffs containing such rates must refer to the order of the Commission which authorizes their publication.
The rates and other lawful provisions of the tariffs containing unauthorized limitations upon a carrier’s liability will not be affected by such unlawful limitations, but will take effect in the same manner as if there had been no attempt to limit the carrier’s liability in connection therewith. That is to say, the rates in the tariff will become effective on the published effective date, but the limitations on the carrier’s liability will not be effective.
Common carriers by motor vehicle desiring to establish and maintain rates dependent upon value declared or agreed upon by the shipper as the released value should file application with the Commission for authority to establish and maintain such rates. The application should set forth the rates and commodity descriptions, including the limitations of liability, proposed to be established, and contain a complete statement of the facts and circumstances relied upon in jtfi&tification of the relief sought from the provisions of Section 219 of the Motor Carrier Act, 1935, and Section 20 (11) of the Interstate Commerce Act.
In the past, orders of the Commission permitting the establishment of rates dependent upon the released value of the property transported have related to specific commodities, and no general or blanket released-rate authority has been issued except as to express traffic.
Attached to this notice is a form of application for authority to establish released rates. Four copies of the application should be furnished to the Commission, one of which must be signed and sworn to before a notary public by the person making the application.
[seal] George B. McGinty, Secretary.
[Filed, March 20, 1936; 12: 04 p. m.]
(Form of application for authority to establish and maintain rates 1 dependent upon the released or agreed value of the property transported] (Place and date) To the Interstate Commerce Commission, Washington, D. C. __________________________________________, on behalf of (Name and title of officer or agent) ----------------------------------------------------------------- (Name of carrier or carriers on behalf of which application is made. I f application is made on behalf of all carriers parties to a particular tariff, schedule, or classification, reference may be made to such publications by MF -I. C. C. number) does hereby respectfully petition the interstate Commerce Commission that it be authorized under Section 219 of the Motor Carrier Act, 1935, to establish and maintain rates, ratings, rules, regulations, or charges for the transportation of property, other than ordinary livestock, dependent upon value declared in writing by the shipper or agreed upon in writing as the released value of the property as follows; ( State ” fully, either specifically or by an accompanying exhibit, the rates, ratings, rules, regulations, or charges, commodity descriptions, and limitations of liability proposed to be established.) Your petitioner represents that the existing rates, ratings, rules, regulations, or charges are as follows: ----------------------------------------------------------------- (Set forth fully, either specifically or by reference to an accompanying exhibit, the existing rates, ratings, rules, regulations, or charges and commodity descriptions, including limitations of liability, if any, together w ith reference by M F -I. C. C. number and page or item of the tariff or tariffs in which the same are published.) Your petitioner bases such request upon the following facts: ----------------------------------------------------------------- (State fully all facts relied upon in justification of the authorization sought. I f the application is based upon special circumstances and^conditions, upon existing rules or regulations respecting analogous commodities, or rates or ratings thereon, or upon rules, regulations, rates, or ratings applying in other localities or territories, or applicable via the lines of other carriers, fu ll information respecting such special circumstances and conditions or existing rules, regulations, rates, or ratings must be given.) ------------------------- (Name of carrier) By --------------------------- ------------- (Name and title of officer) Subscribed and sworn to before me this ____ day of ___________19___ (Only original need be verified.) Notary Public. [Filed, March 20, 1936; 12:04 p. m .]