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B-188647 1 (1977-12-28)

handle is hein.gao/gaobadflp0001 and id is 1 raw text is: THE COMPTROLLER Se&. CECIUICN . 1. OP INK UNITED ETATUE a- WASHINGTON, D. C. 20540 0 FILE: 3-188647 DTE: December 28, 197' MATTEFI CF: Trans Country Van Lines, Inc. dA DIGEST: 1. 49 U.S.C. 66 (1970) provides that clain for the payment of transportation charges must be received in GAO (now GSA) within three years from (1) accrual of cause of actioi; (2) payment; (3) refund; (4) deduction, whichever is later. This also limits Government's risht,1to daduct overcharges to three years. Deduction from carrier's account after more than three years from payment date is in error. 2. Since deduction was not authorized it is a nullity and sequence of events are treated as if deduction had not been made. 3. Following ratiouale of T.I.l.E. Freight,'Inc. v. United States, 302 F. Supp. 573 (1969), carrier had threeyears A.o 'date of payment to file claim for the full tmount of its charges. 4. , Borher a shipmentis interstate or intrastate it a factual determination based primarily on intent of the shipper and record does not indicate this intent. Trans Country Van'Lines, Inc.(Trans Country), requests a review of the General Services Administration (CSA) claim 5ettle- ment of November19, 1976. GSA partially allowed Trans CoUntry's clzsim for $1,047.S8 in the amount of $77.50; the balance was die- .llowed. The review is being made undez the provislons of 49 U.d.C. 66(b) (Supp. V, 1975), and 4 C.F.R. 53.3 (197S. A shipment of electrical instru'ments originating at Van Nuys, California, was transported on December 13,,1969, under Government bill of lading (GBL) No. F-0354274 to Norfolk, Virginia, with a delivery at Mare Island, Vallejc. California, of 2,470 po'nds, and with a subsequent pickup at dare Island of 4,823 pounds. 2_

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