to requirements of Act and Commission's rules and regulations thereunder. Action should not be understood to condone such unauthorized operations. MC-114362, Sub 5, H. A. Pierce Ext.-Butter, M. C. C. ...., 5-28-58, Div. 1. 23.61 Extenuating Facts .... 23.61 Assuming without deciding that past operations were carrier forhire without proper authority, evidence clearly shows that operations were conducted openly and with some color of support for assumption they were within law. Applicant is willing to comply with Act as evidenced by filing of instant application. In circumstances, past operations should not operate as bar to grant of authority here. MC-116988, Richard Lyon Cont. Car. App., M. C. C. 6-19-58, Div. 1. 23.62 Good Faith .... 23.62 While it is true that applicant transported number of shipments of involved commodities without appropriate authority, it is apparent at same time that this was done in order to help a few shippers which are in need of service. In filing for instant authority, he has shown good faith and is endeavoring to comply with the law. While past unauthorized operations by carriers are not condoned, in this instance they have not been of such a nature as to constitute bar to grant of authority sought. Applicant found fit to conduct proposed operation. MC-115399, Sub 4, J. J. Gentry Ext.-Douglas County, Oregon, 7-8-58, Div. 1. 23.62 Facts raise a fairly reasonable doubt as to any wilful character of unauthorized operations, and although not condoned, they should not be considered bar to any grant of authority herein. See 68 M. C. C. 373. MC-114711, Sub 1, Frank Saslovsky Ext.-Crated & Uncrated Baby Carriages, 5-29-58, Div. 1. 23.63 Reformation 23.63 Applicants past unauthorized operations were conducted in good faith and were ended upon notification of their illegal nature. They should not, therefore, constitute bar to grant of authority. MC-116889, S. L. Gascho & Son, Ltd. Ext.-Buffalo, N. Y., M. C. C. 6-26-58, Div. 1. 23.7 23.70 Generally .... Past Violation of Laws or Regulations 23.70 Token compliance with rules and regulations as set forth in Ex Parte MC-43, 68 M. C. C. 553, will not be condoned; and applicant is herewith admonished to conduct all interchange operations in strict adherence to Commission's rules and regulations. MC-107103, Sub 4, Robinson Cartage Co. Ext.-7 States, M. C. C. ...., 6-26-58, Div. 1. 24. Need for Proposed Operation .... 24.0 Generally .... 24.01 Shippers are entitled to use of motor service in addition to that of rail when definite need for such service has been demonstrated. However, when motor carrier seeks to offer service where only rail transportation exists, it must demonstrate need for such service. MC-116062, Sub 9, California Exp., Inc., Ext.-Wichita, Kan., M. C. C. 7-8-58, Div. 1. 24.01 Because of constant increase in number and diversity of commodities produced and shipped by petroleum industry, Commission endeavors to refrain from restricting or limiting grants of authority to motor carriers which serve it. Thereby those carriers are enabled to render as complete a service as possible, and at same time avoid multiplicity of applications which would otherwise result from production and shipment of a new commodity from any given origin. Although this policy may affect scope and nature of decisions, it does not lessen burden of proof of an applicant seeking to serve a petroleum shipper, even though authority sought is expressed in generic terms used in appendices to Descriptions case, 61 M. C. C. 209. Need must still be shown to exist for proposed service, and when existing carrier is authorized to provide service, or any part of it, applicant is faced with additional burden of establishing inadequacy of that service. MC-2633, Sub 37, Wm. F. Crossett, Inc., Ext.-Neville Island, Penna., M. C. C. .... 24.01 Mere fact that carrier is authorized to operate between certain points is not sufficient to establish that service between such points is adequate. MC-112617, Sub 36, Liquid Transporters, Inc., Ext.-Points in Va., 7-8-58, Div. 1. 24.01 Record establishes beyond doubt that shipper has never controlled traffic and would honor jobbers' routings even if application were granted. None of its jobbers supports application or complains of existing service. Denied. MC-115913, Sub 2, F. J. Paar, Ext.-Clay Products, 6-30-58, Div. 1. 24.01 Applicant must by competent evidence establish definite need for proposed service which existing carriers_are either unwilling or unable to meet. MC-101075, Sub 45, Transport, Inc. Ext.-Dry Fertilizer in Bulk, M. C. C. 5-28-58, Div. 1. To Same Effect: .... MC-113410, Sub 14, Dahlen Transport, Inc. Ext.-Pine Bend, Minn., 6-17-58, Div. 1. MC-106278, Sub 16, E. B. Law & Son, Inc. Ext.-Ceniza, N. Mex., 6-30-58, Div. 1. MC-107403, Sub 242, E. B. Matlack, Inc. Ext.-Paoli, Penna., M. C. C. ...., 6-26-58, Div. 1. .... MC-116467, Sub 1, Moffatt Trucking Ltd. Ext.-Mich., 6-2-58, Div. 1. MC-107515, Sub 202, Refrigerated Transport Co., Inc. Ext.-Frozen Foods, 5-21-58, Div. 1. MC-116765, Kenneth Silliman Com. Car. App., 6-17-58, Div. 1. MC-1510, Sub 57, Southwestern Greyhound Lines, Inc. Ext.-Little Rock-Fordyce, Ark., 6-30-58, Div. 1. 24.02 Brokerage 24.02 Burden is upon applicant to establish affirmatively by competent evidence that his operation is or will be consistent with public interest and National Transportation Policy. MC-12661, S. S. Santaniello Broker App., 5-15-58, Div. 1. 24.03 Contract Carriage 24.03 Burden is upon applicant to establish by substantial evidence that there is need for its service which cannot be satisfied by existing facilities. Applicant has failed to establish that proposed service will be consistent with public interest and National Transportation Policy. MC-116790, Amco Trucking Co., Inc. Cont. Car. App., M. C. C. . . .., 5-27-58, Div. 1. 24.03 Concededly, mere dedication of equipment by motor carrier is not sufficient to warrant grant of authority where existing service is adequate for shipper's needs and such dedication is not needed. However, protestants' services are not adequate. MC-117013, T. G. Burkholder Cont. Car. App., M. C. C. 6-27-58, Div. 1. 24.03 Evidence fails to show that movement of shipper's traffic or that actual needs of shipper require personalized service of contract carrier or that type of service desired is in any way materially different from services of common carriers generally. Denied. MC-50132, Sub 29, Central & Southern Truck Lines, Inc. Ext.-4 Ind. Origins, M. C. C. . . .., 7-8-58, Div. 1. .... 24.03 In determining whether proposed contract-carrier operation will be consistent with public interest, Commission must ascertain whether reasonable requirements of supporting shipper may adequately be met by available carriers. MC-116950, J. L. Drake Cont. Car. App., 6-30-58, Div. 1. 24.03 Applicant has burden of proving that its proposed service is required to meet public need and that no existing motor carrier service is available adequately to meet that need. MC-116646, John Fontana Cont. Car. App., .... M. C. C. .., 6-27-58, Div. 1. ...." 24.03 Evidence that protestants have transported similar commodities for other manufacturers, standing alone as it does here, is insufficient to substantiate concluding that they can satisfactorily serve this shipper as it is not shown that needs of manufacturers served by protestants are like those of supporting shipper herein. MC-30962, Sub 4, Huyck Trucking Co., Inc. Ext.-Utica, N. Y., . . . . M. C. C. 6-12-58, Div. 1. .... ....? 24.03 Applicant's services are clearly correlated with shipper's distribution plan, rendering specialized service which would be difficult, if not in some instances beyond existing common carriers' ability to duplicate. Permit granted. MC-17227, Sub 8, Lindner Bros. Trucking, Inc. Ext.Groceries, 6-13-58, Div. 1. 24.03 Applicant, whose equipment and services are devoted exclusively to serving supporting shipper, has provided excellent service under its outstanding authority; and, by dedicating its facilities to particular requirements of shipper, it can render highly personalized service, more responsive to shipper's demonstrated need, than that afforded by protestant or other motor common carriers which must hold out their services to public generally. MC-6380, Sub 6, R. F. Truesdell, Inc. Ext.-Krannert, Ga., 6-30-58, Div. 1. 24.03 MC-116543, R. J. Vollbracht Cont. Car. App., M. C. C. 6-27-58, Div. 1. (Please See 05.21, Same Title). 24.06 Registered Truck Operation .... 24.06 Partial exemption provided in second proviso of sec. 206(a)(1) applies only to those who meet all of its terms, and then only so long as their operations contínue to meet requirements of the statute. Chief requirement is that carrier must be lawfully engaged in operating solely within a single state. If respondent's secretary, who owns 120 of 300 outstanding shares of respondent's stock, is in position to control respondent's operations as well as those of an interstate carrier, then respondent cannot be said to be operating solely within a single state, for purposes of second proviso, because its operations are not independent of those of multistate carrier. It is power of control of actual operations, whether it has been exercised in past or not, which is bar to registration under proviso. See 54 M. C. C. 625. Nor need "control" be absolute to constitute bar to registration; if in any manner, operations of two carriers can be joined in common interest by jointlyemployed person who is in position to exercise substantial control over complementary traffic affairs of two carriers, that fact bars registration. MC41463, Sub 3, Ashland Transfer & Storage Co.-Operation under second Proviso of Sec. 206 (a) (1), .... M. C. C. .., 5-29-58, Div. 1. 24.06 Past continued performance of lawful transportation under proviso is evidence of public need for continuance thereof; but such operations must have been actually performed and not have been token in nature only. 38 M. C. C. 547; and 67 M. C. C. 157. MC-F-6368, Glendenning Motorways, Inc.-Pur.-Superior Service Co., Inc., M. C. C. 5-16-58, Div. 4. 24.09 Substitution of Contract for Private Carriage ..... 24.09 Shipper desires service such as that proposed because it will enable it to enjoy all benefits presently enjoyed through private carriage and yet enable it to avoid burden of being directly engaged in transportation. Permit issuance approved. MC-116644, E. E. Christopherson Cont. Car. App., 6-30-58, Div. 1. 24.09 It is clear that shipper would continue to operate as private carrier rather than tender traffic for movement in multiple-line service. Granted. MC-115162, Sub 28, Walter Poole Ext.-Mirrors, 6-13-58, Div. 1. 24.10 Requisite Proof 24.1 Patron Need 24.10 Evidence is convincing that although supporting shippers are unable to specify present or projected destination points, there will be constant need for service to numerous destinations and that these destinations will change from time to time. It would be impractical, as well as unduly restrictive, to limit destinations to specific points; therefore, statewide destination territory granted. MC-108449, Sub 41, Indianhead Truck Line, Inc. Ext.-Cement in Bulk, .... M. C. C. ...., 7-11-58, Div. 1. 24.10 While it may be that applicant's ability to perform proposed service would be convenience to supporting shippers, this advantage alone is not sufficient to support grant of additional authority in an area already adequately served. MC-116775, Stanley Kubicki Com. Car. App., M. C. C. . . .., 6-26-58, Div. 1. 24.10 Shipper's expressed needs, if any, for additional service are too uncertain or remote to afford any reasonable basis for grant of authority herein. MC-92983, Sub 261, Eldon Miller, Inc. Ext.-Dairy Wax, 6-30-58, Div. 1. 24.11 Preference or Desire 24.11 Mere preference of shipper for proposed service does not afford sufficient basis upon which to predicate a grant of operating authority. MC-116646, John Fontana Cont. Car. App., M. C. C. 6-27-58, Div. 1. To Same Effect: MC-112020, Sub 27, Commercial Oil Transport Ext.-Oils other than Petroleum, .... MC-116911, Wilbon Hammack Cont. Car. App., 5-15-58, Div. 1. MC-111722, Sub 1, S. C. Williams Ext.-Joliet, Ill., 6-11-58, Div. 1. 24.11 While it may be desirable from shipper's standpoint to have a single-line service, mere desire for such service, in absence of some showing of deficiency in existing services will not support finding of need therefor. MC-30423, Sub 15, Oklahoma-Louisiana Motor Freight Co., Ext.-Ennis, Texas, M. C. C. ..... 6-26-58, Div. 1. 24.14 Proximity of Carrier Terminals .... 24.14 Shipper has been unable to obtain adequate service from carriers which lack local terminals and reasonably accessible tank cleaning facilities. MC-110525, Sub 333, Chemical Tank Lines, Inc. Ext.-Louisville, Ky., M. C. C. 6-2-58, Div. 1. .... 24.14 While opposing carriers have appropriate equipment and authority to render service proposed, none of them is based in Toledo; and it is apparent that in many instances, persons requiring towing service between involved counties could more readily be served by Toledo based carrier. MC-116771, L. O. Cousino Com. Car. App., . .'. . M. C. C. . . . ., 5-22-58, Div. 1. 24.14 Applicant already has terminal at point of origin and is, therefore, in a favorable position to provide service required by shipper. MC52869, Sub 51, Northern Tank Line, Ext.-S. Dak., 6-30-58, Div. 1. 24.15 Enlarged Patron Market .... M. C. C. ..... 24.15 This area is presently being served only by rail except in certain instances; and a motor carrier service is needed by supporting shipper to further its business potential and to maintain its competitive position, as such a service will allow it to supply prospective customers which are located off-rail or which cannot accommodate large shipments. MC-117038, L. S. Gilligan Corp. Com. Car. App., 6-30-58, Div. 1. 24.15 Commission cannot deny shipper access to potential customers on conclusion that rail service is adequate for shipments to its existing customers. MC-106965, Sub 110, M. I. O'Boyle & Son, Inc. Ext.-Maine, 5-29-58, Div. 1. 24.17 Patronage of Unauthorized Operation 24.17 Commission has considered past unauthorized operations, conducted in good faith, as some evidence of public convenience and necessity; but in view of vagueness of testimony in this respect, there does not exist established past operation upon which finding of need can be predicted. MC-52858, Sub 58, Convoy Co. Ext.-Enumclaw, Wash., M. C. C... 6-30-58, Div. 1. .... 24.17 Neither use by shippers of unauthorized service nor several instances described of fault found with existing service are sufficient basis to support grant of authority sought. MC-117052, A. L. Jowers Com. Car. App., M. C. C. .., 6-17-58, Div. 1. ..... 24.17 Grant is warranted by showing of shippers' need for continuation of satisfactory service long provided by applicant. Although reasoning in Day case, 53 M. C. C. 672, is sound, circumstances disclosed here furnish ample basis for different conclusion. MC-74164, Sub 3, West Farms Exp. Inc. Com. Car. App., .... M. C. C. 6-30-58, Div. 1. 24.2 Traffic Available 24.22 Potentially 24.22 Limiting authority granted to either applicant to those commodities or destinations of or to which shipments have been made in past in view of the continuing growth and expansion of the petroleum industry is not justified. MC-531, Sub 75, Younger Bros., Inc. Ext.-Petrocarbon Chemicals, ... M. C. C. ..... 6-26-58, Div. 1. 24.24 Contingently or Speculatively 24.24 Mere desire to have motor carrier service available in event need might arise is too speculative to form proper basis for grant of authority. MC-115782, Sub 2, F. C. Martin, Ext.-Lincoln County, Tenn., 5-29-58, Div. 1. .... M. C. C. 24.24 Insignificant amount of traffic which supporting shippers have had to or from southern states, coupled with speculative evidence as to possible future transportation needs, compels conclusion that no need exists for proposed service. Denied. MC-107103, Sub 4, Robinson Cartage Co. Ext.-7 States, M. C. C. 6-26-58, Div. 1. .... 24.25 New or Increased Traffic 24.25 In present or reasonably foreseeable future shipper requires or will require distribution of its new product to points in named destination states. This distribution frequently will involve split-delivery service; and therefore broad destination authority is necessary in order that shipper and its customers will have available efficient and economical motor carrier service responsive to their needs. MC-111472, Sub 50, Diamond Transp. System, Inc. Ext.-Kan. Origins, M. C. C. 5-28-58, Div. 1. 24.3 Rates, Charges & Tariff Privileges 24.30 Generally .... ..... 24.30 While shipper indicates that it is not satisfied with rates charged by rail carriers, record is totally devoid of any indication that applicant could provide service of quality similar to that now provided by rail carriers and operate at lower rates. In circumstances, 355 U. S. 83, in which Supreme Court held that in determining application proceedings consideration must be given to inherent advantages possessed by several forms of transportation, does not impel result different from recommended denial. MC-52858, Sub 61, Convoy Co. Ext.-Rock Pickers, M. C. C. 6-30-58, Div. 1. .... |