447

450

Bills of lading.

Annual reports.

Periodical and special reports.

PARTS 165-180: GENERAL
PROVISIONS

Part 165-Classification of Brokers and Motor Carriers; Carriers of Property

Sec.

165.1 Types of property-carrier service. 165.2 Types or groups of commodities. 165.3 Carriers subject to more than one

classification.

165.4 Exceptions to and changes in classification.

165.5 Emergencies.

AUTHORITY: §§ 165.1 to 165.5 issued under 49 Stat. 546, as amended; 49 U. S. C. 304. SOURCE: §§ 165.1 to 165.5 appear at 2 F. R. 2162.

§ 165.1 Types of property-carrier service-(a) Regular-route scheduled service (Class A). A regular-route scheduled-service carrier is any person who or which undertakes to transport property or any class or classes of property in interstate or foreign commerce by motor vehicle for compensation between fixed termini and over a regular route or routes upon established or fixed schedules.

(b) Regular-route nonscheduled service (Class B). A regular-route nonscheduled-service carrier is any person who or which undertakes to transport

property or any class or classes of property in interstate or foreign commerce by motor vehicle for compensation between fixed termini and over a regular route or routes at intermittent intervals and not upon an established or fixed schedule.

(c) Irregular-route radial service (Class C). An irregular-route radialservice carrier is any person who or which undertakes to transport property or any class or classes of property in interstate or foreign commerce by motor vehicle for compensation over irregular routes from a fixed base point or points to points or places located within such radial area as shall have been fixed and authorized by the Interstate Commerce Commission in a certificate of public convenience and necessity or permit, or from any point located within such radial area to such carrier's fixed base point or points.

(d) Irregular-route nonradial service (Class D). An irregular-route nonradial-service carrier is any person who or which undertakes to transport property or any class or classes of property in interstate or foreign commerce by motor vehicle for compensation over irregular routes between points or communities located within such general radial territory as shall have been defined geographically and authorized in a certificate of public convenience and necessity

or permit, and any other points of communities located within the same general territory without respect to a hub community or a fixed base point of operation.

(e) Local-cartage service (Class E). A local-cartage carrier is any person who or which undertakes to transport property or any class or classes of property by motor vehicle for compensation when such transportation is performed in interstate or foreign commerce wholly within a municipality or between contiguous municipalities or within a zone adjacent to and commercially a part of any such municipality or municipalities.

§ 165.2 Types or groups of commodities (a) Carriers of general freight (commodity group 1). This group comprises both common and contract carriers transporting commodities generally, except such commodities as require special equipment or service.

(b)

Carriers of household goods as a commodity (commodity group 2). Household-goods carriers include carriers, both common and contract, engaged in the transportation of property commonly used in a household when a part of such household equipment or supply; furniture, fixtures, equipment, and the property usual in an office, museum, institution, hospital, or other similar establishment when a part of the stock, equipment, or supply of such office, museum, institution, hospital, or other similar establishment; furniture, fixtures, and equipment of a store; works of art, furniture, musical instruments, display exhibits, and articles requiring the specialized handling and special equipment usually employed in moving household goods.

NOTE: This type of carrier renders a specialized service requiring skilled workmen. Such special service includes removing furniture from the higher stories of large office buildings when freight elevator service is not available, the proper placing of furniture in the home or office upon delivery at destination, the laying of rugs, hanging of pictures, and other services in connection with the removal of furniture or fixtures from one location to another. A householdgoods carrier is usually a class C-2 operator, but such a carrier may be a class D-2 operator. When the operation is that of a D-2 operator, it embraces the transportation of household goods to, from, and between unlimited points of origin and unlimited points of destination within the territory

served by such carrier, over irregular routes, in either direction, outbound, or back haul, or in cross movements.

(c) Carriers of heavy machinery (commodity group 3). This group includes carriers, both common and contract, engaged in the hauling of heavy machinery and equipment, including road machinery, structural steel, oilfield rigs, and oilfield equipment.

NOTE: These commodities are grouped together because of the equipment required and the nature of the service performed. The territorial scope of the service is usually similar to that of the household goods carrier described in paragraph (b). Certain auxiliary or accessorial services are also performed in the transportation of these commodities, such as the dismantling and resetting of machinery, often requiring the use of rigging, skidding, and similar devices. A carrier of this class may find that all of his facilities are employed for a considerable period of time in a locality which is only a part of the territory in which he is authorized to serve. This type of carrier is usually a class D-3 operator. The movement involves and embraces the transportation of heavy machinery and similar equipment to, from, and between unlimited points of origin and unlimited points of destination within the territory served by such carrier, over irregular routes, in either direction, outbound, or back haul, or in cross movements.

(d) Carriers of liquid petroleum products (commodity group 4). Carriers of liquid petroleum products include those carriers who transport such petroleum products as gasoline and other liquid motor fuel, road oil, crude oil, fuel oil, kerosene, and like products in tank vehicles or drums. Such vehicles include solo trucks, semitrailers, and full trailers. Carriers of butane, propane, and other derivatives of petroleum are included in this group when such products are transported in tank vehicles. The group also includes carriers of edible oils, coal-tar products, and chemicals, if transported in tank vehicles, but does not include the transportation of milk, fruit juices, or other perishable liquid products which require temperature control.

NOTE: Carriers who fall within this group may be either common or contract carriers. In either case the service usually involves special tank transport equipment.

(e) Carriers of refrigerated liquid products (commodity group 5). This group comprises carriers, both common and contract, which specializes in the transportation of refrigerated or temperature-controlled perishable liquid