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B-203805,B-204113 1 (1981-12-24)

handle is hein.gao/gaobadjyv0001 and id is 1 raw text is: 



                                          I THE COMPTROLL  (WENERAI.
                   L   CISION        -3604  OF THE UNITEIC STATEES
                                            WvASHrINGTON.,           05t



                   FILE; B-203805, B-104113       DATE; December 24, 1981

                   MATTER OF;-American Farm Line , Inc.

                   C1(3 FST:
                   1.   As a condition of applicablility of
                        exclusive use charges, motor carriers$
                        exclusive use of vehicle rules require
                        that the GBL bear a notation indicatin
                        that the shipper requests exclusive use
                        of vehicle service, Therefore, the seal-
                        ing of a vehicle without notation, in
                        form or substance, requesting exclusive
    j                   use service, does not constitute such a
                        request,
                   2.   A tender requirement cannot be waived and,
                        in the absence of substantial compliance
                        with the rule, exclusive use charges are
                        not applicable.
                   3.   The Campbell 66 1xpress, Inc, v,
                        United States decision established
                        that substantial compliance with the
                        exclusive use notation requiroment is
    J                   satisfied by a certification on the
                        bill of lading which rersonably
                        apprises the carrier that the ship-
                        per is requesting exclusive use of
                        the vehicle,

                   4.   A notation DO NOT BRLEAK SEALS EXCEPT IN
                        CASE OF EMERGENCY OR UPON PRIOR AUTHORITY
                        OF TIE CONSIGNOR OR CONSIGNEE, on the
                        GBEJ and the ae&ling of a vehicle, in light
                        of Department of Defense regulations,
                        constitutes a request for exclusive use of
                        vehicle, since the notation reasonably
                        apprises the carrier that exclusive use
                        was requested.

.                 5.   Merely appe 'ing a seal or sealing wi,h the
                       annotation CABLE LOC SEALS APPLIED does not
*constitute a request for exclusive use


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