Legal cases are reported which relate to the contract to common carrier conversion, agricultural cooperative and the two categories of nonmember traffic, the problem of assurance against future misdeeds without punishment, and the effect of intervening grant of authority to protestant. An application seeking conversion from contract to common carriage was denied because the applicant failed to demonstrate that its supporting shippers including those not being served by applicant under its permits require additional common carrier service. In another case, two categoreis of nonmember traffic were discussed. These categories were those which must be examined in order to determine whether there has been compliance with the 15 percent and 50 percent provisions of the Section 203 (b) (5) exemption for agricultural cooperatives. The main issue in this case concerned the status with respect to the 15 percent test, of that part of the traffic of the carrier's cooperative members which represents nonfarm activities. In the case in which the respondent carrier was found to extend credit (for payment of tariff charges) in excess of that permitted by regulations, falsifying records and non-observance of required gateways, a cease and desist order was entered which was not subject to vactur, as a permanent method of assuring future compliance, during which time the Bureau of enforcement on its own initiative, may institute criminal proceedings for future violations. The case is reported in which an application was granted for authority to transport foodstuffs over irregular routes from a named facility to points in eleven states.

  • Corporate Authors:

    Association Interstate Commerce Comm Practitioner

    1112 ICC Building
    Washington, DC  United States  20423
  • Authors:
    • Cooney, N J
  • Publication Date: 1976-6

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00139361
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 4 1976 12:00AM