Full Volume 19 - Federal Maritime Commission

222
FEDERAL MARITIME COMMISSION
the bill of lading port without distinguishing between LTL and trailerJoad
shipments Similarly no other provision of the Respondenfs tariff added
such a qualification
Section l8 b 1 of the Shipping Act 1916 provides that tariffs shall
contain any
rules or regulations which in anywise change affect or
determine the tariff rates Consequently the Respondent carrier could
not by a statement of policy no matter how widely published establish a
rule binding on shippers unless such rule was first filed with the
Commission under section 18 b An unflled rule distinguishing between
LTL and trailer load shipments not only cannot be relied upon to deny
reparation but itself violates section 18 b 3 of the Act by denying
transportation privileges to LTL shippers in a manner not stated in
Respondent s Tariff
The Respondent states in its answer to the complaint that it changed its
policy in October 1974 and began paying equalization on the Claimant s
shipments Thus at that time Respondent began to fully adhere to its
tariff rule without asserting any other disqualification in Claimant s
shipments Therefore there being no other defects in the Claimant s
shipments at issue here the Claimant is entitled to reparation as set forth
in its complaint
An appropriate Order will be issued
SEAL S FRANCIS C HURNEY
Secretary
19 F M C