Section 222 (f) [Sec. 322 (f) U. S. Code.] Giving information in response to legal process, or to Government officers or to other carriers for adjustment of rates permitted.-Nothing in this 1 chapter shall be construed to prevent the giving of such information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States or of any State, Territory, or District thereof, in the exercise of his power, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crimes or to another carrier or broker, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers or brokers. (Part II, sec. 222, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 564.) Section 222. (g) [Sec. 322 (g) U. S. Code.] Failure or refusal to make reports or keep accounts and records; altering or making false report or record; penalty.-Any motor carrier, or broker, or any officer, agent, employee, or representative thereof who shall willfully fail or refuse to make a report to the commission as required by this 1 chapter, or to keep accounts, records, and memoranda in the form and manner approved or prescribed by the commission, or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine of not less than $100 and not more than $5000. (Part II, sec. 222, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 564.) "part" changed to "chapter" by U. S. Code, Sup. I to 1934 edition. Section 223. [Sec. 323 U. S. Code.] Collection of rates and charges; extension of credit; liability of agent of beneficial owner. No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it in interstate or foreign commerce until all tariff rates and charges thereon have been paid, except under such rules and regulations as the commission may from time to time prescribe to govern the settlement of all such rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice: Provided, That the provisions of this paragraph shall not be construed to prohibit any such carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State or Territory, or political subdivision thereof, or for the District of Columbia. Where any common carrier by motor vehicle is instructed by a shipper or consignor to deliver property transported by such carrier to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and had no beneficial title in the property, and (b) prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of shipment reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner of the property. In such cases the shipper or consignor, or, in the case of a shipment so reconsigned or diverted, the beneficial owner shall be liable for such additional charges, irrespective of any provisions to the contrary in the bill of lading or in the contract under which the shipment was made. If the consignee has given to the carrier erroneous information as to who is the beneficial owner, such consignee shall himself be liable for such additional charges, notwithstanding the foregoing provisions of this paragraph. On shipments reconsigned or diverted by an agent who has furnished the carrier with a notice of agency and the proper name and address of the beneficial owner, and where such shipments are refused or abandoned at ultimate destination, the said beneficial owner shall be liable for all legally applicable charges in connection therewith. (Part II, sec. 223, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 565.) Cross Reference Extension of credit to the Government, see ruling of Comptroller General, sec. 16 (3), n. 10. Extension of credit, collection of freight charges, by rail carriers, see sec. 3 (2) of Part I. Notes of Decisions 1. Construction and interpretation.- | spect to collection of charges by contract This section does not apply to payment carriers in the absence of proof that of rates and charges of contract carriers, but under sec. 218 (b), if rate or practice of a contract carrier contravenes the policy declared in sec. 202 (a), the commission may prescribe such rule, regulation or practice as may be necessary or desirable in the public interest.-Payment of Rates and Charges of Motor Carriers, 2 M. C. C. 365. Provisions of sec. 3 (2), Part I, extension of credit by railroads, are substantially the same as the provisions of sec. 223, relating to motor carriers. For review of history of, and practices under sec. 3 (2), see-Id. Extension of credit by contract carriers is a practice affecting their charges for transportation.-Id. 2. Unfair practice; discrimination effected by extension of credit.-Extension of credit by contract carriers over long periods might constitute an unfair, destructive practice in competition with common carriers, contrary to the policy of Congress.-Payment of Rates and Charges of Motor Carriers, 2 M. C. C. 365. Extension of credit for freight charges is a factor in competition between carriers for traffic; rail as against motor carriers; common as against contract carriers; motor carriers as against express carriage, credit extension of the latter not regulated.-Id. their practices are in contravention of the policy of the act.-Payment of Rates and Charges of Motor Carriers, 2 M. C. C. 365. Reasonable rules for presentation of freight bills by motor common carriers must be predicated upon conditions prevailing in their industry. After motor carriers become more experienced under regulation, rules applying to rail carriers may be appropriate; meantime a reasonable maximum period for presentation of freight bills is 7 calendar days after delivery.-Id. Maximum period for extension of credit for auditing freight bills, 7 days from date of delivery or presentation of the freight bill, whichever is later, authorized.-Id. 4. Guaranty of charges; bond.--There is no uniform practice among rail carriers as to requiring bonds from shippers to whom credit is extended. The matter is one which should be left for determination of the individual carrier. Rules for motor carriers require that they shall only grant credit after taking precautions deemed by them sufficient to assure payment within the credit period.-Payment of Rates and Charges of Motor Carriers, 2 M. C. C. 365. Mailing by shipper of valid checks, drafts, or money orders, which are satisfactory to the carrier, in payment of freight charges within credit period al Remittance of c. o. d. charges holds out a free service not rendered by other carriers, and to which shippers are not normally entitled; is unlawful.-lowed the shipper may be deemed to be Rules and Rates, O. K. Transfer & Storage Co., Sou. Territory, 18 M. C. C. 699. 3. Prescription of regulations by the commission. The commission may not prescribe rules and regulations with re collection of the tariff charges within the credit period for purposes of credit extension rules. In case of dispute as to the time of mailing, postmark shall be accepted as showing such time.-Id. Regulations of the commission By order of September 19, 1935, the commission extended the effective date of this section until December 1, 1935. By order, March 17, 1936, effective April 1, 1936, pending prescription of rules and regulations, on conditions set forth, carriers authorized to extend credit for period of thirty days from delivery or relinquishment. Amended, order July 8, 1936, effective Aug. 20, 1936, to name period of not exceeding fifteen days; former order in other respects to remain in effect. [Notice, Aug. 3, 1936, shippers and receivers of freight withholding payment beyond credit period, subject to penalties provided by § 222 (c).] [Notice, July 8, 1936, if credit is extended to receiver of property transported, it must be extended for same period of time to all other receivers of property who have similar credit standing.] Order July 13, 1937, effective Oct. 1, 1937, vacated orders of March 17, 1936, July 9, 1936, and provided: extension of credit for 7 days excluding Sundays and legal holidays other than Saturday half-holidays. When freight bill is presented on or before date of delivery, credit period will run from first 12 o'clock midnight following delivery; otherwise, from first 12 o'clock midnight following presentation of freight bill. When another freight bill is presented for additional charges, after collection of amount in first bill, carrier may extend credit therefor for 30 days, computed from first 12 o'clock midnight following presentation of such bill. Freight bills for all transportation charges shall be presented to shippers within seven calendar days from the first 12 o'clock midnight following delivery of the freight. Shippers may elect to have their freight bills presented by United States mails; time of mailing by carrier shall be deemed to be the time of presentation of the bills; postmark to be accepted as showing mailing time. Order July 17, 1939, as amended by order of Aug. 9, 1939, postponing effective date from Sept. 20 to Oct. 23, 1939. Rule 5.-No discounts of any character whatsoever shall be authorized by tariff provisions or otherwise allowed by any household goods common carrier, and no rates or charges shall be established based upon prepayment of charges. 4 1 8 Section 224. [Sec. 324 U. S. Code.] Identification plates for interstate motor carriers.-The commission is hereby authorized, under such rules and regulations as it shall prescribe, to require the display 1of suitable identification plate or plates, 2 upon any motor vehicle used in transportation subject to any of the provisions of this chapter, to provide for the issuance of such plates, and to receive the payment by such carriers of the reasonable cost thereof. All moneys so collected shall be paid into the Treasury of the United States. Any substitution, transfer, or use of any such identification plate or plates, except such as may be duly authorized by the commission, is hereby prohibited and shall be unlawful. (Part II, sec. 224, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 566; June 29, 1938, c. 811, sec. 18, 52 Stat. 1240.) Historical Note To October 31, 1937, 137,373 identification plates had been issued. The use of this means of identification has had a salutary effect on the administration of the act, as the plates are not issued until there has been compliance with the commission's insurance and tariff and other rate requirements.-Annual Report 1937, p. 72. Payments for identification plates, 25 cents per plate, have totaled $29,417.25 and this amount has been transmitted to the Treasury. These plates are not required to be renewed from year to year. To October 31, 1938, 197,669 plates had been issued.—Annual Report, 1938, p. 89. During the current year 32,498 identification plates were issued: total, Oct. 31, 1939, 234,215. $58,553.75 transmitted to Treasury in payment therefor. 1939 Annual Report, p. 110. Regulations of the Commission Order May 7, 1937, effective Oct. 1, 1937, plate to be carried on each motor vehicle; application form provided; voluntary surrender upon direction of the commission, on suspension or revocation of operating authority, transfer, or cessation of operation. Notice to be furnished commission of loss, destruction, theft. "by motor carriers upon each motor vehicle operated under a certificate or permit issued by the commission" in original act, stricken by June 29, 1938 amendment, and "of" inserted before "suitable identification plate or plates". "upon any motor vehicle used in transportation subject to any of the provisions of this part" inserted by June 29, 1938 amendment. 2 "part" changed to "chapter", U. S. Code. ""receive" substituted by June 29, 1938, amendment, for "require" in original act. |