products, such as fruit juices and various beverages in tank vehicles, including solo trucks, semitrailers, or full trailers. Those liquid products such as milk which are classified in other commodity groups are not included in this class.

NOTE: The production area of fruit juices and beverages and the transportation of these products by tank trucks is largely restricted to the territories where they are manufactured. While the shipments originate in a restricted area, the transportation is usually over long distances and requires operation both day and night. The matter of public health is particularly involved in this type of carriage, in view of the nature of the commodity.

(f) Carriers of refrigerated solid products (commodity group 6). This group includes that class of carriers, both common and contract, which engages in the transportation of commodities of a perishable nature, including fresh fish, meats and meat products, fruits and vegetables, dairy products, etc., requiring the use of special refrigeration or temperature control. It does not include refrigerated or temperature-controlled liquid products otherwise classified in this section.

NOTE: Specially designed and constructed refrigerated equipment is usually necessary for this operation. Dry ice is often used. Extra care in handling shipments must be exercised on account of the danger of spoiling. This operation is the same as that of the ordinary general commodity carrier except as to refrigeration requirements.

(g) Carriers engaged in dump trucking (commodity group 7). This group includes both common and contract carriers engaged in the operation of dump trucks and similar vehicles used in the transportation of sand, gravel, dirt, debris, coal, and other similar commodities.

NOTE: The operations of this group are usually carried on during the daytime and are local in character. When coal is the commodity transported, the operation is over both main highways and rural roads. The activities of carriers in this group are somewhat seasonal, especially in connection with building or construction projects. The value of the commodity hauled is usually low.

(h) Carriers of agricultural commodities (commodity group 8). This group includes carriers engaged exclusively in the transportation of unmanufactured or unprocessed agricultural commodities. It includes carriers of milk, regardless of the type of vehicle used, but does not include carriers engaged in the

transportation of fruit juices or other processed agricultural commodities.

NOTE: While both common and contract carriers are included in this group, it is composed principally of irregular-route radialservice common carriers. Most commercial agricultural commodities are also handled as general commodities, especially when hauled in small lots, such as fruits, vegetables, produce, poultry, milk or cream in cans, grains in sacks, etc. In some instances, special vehicle equipment is required for the movement of such commodities as livestock, small grains in bulk, grass feeds, hay, tobacco (not processed), etc. During certain seasons of the year, this type of carrier transports feeder cattle from the primary market to the farm or feeding territory.

(i) Carriers of motor vehicles (commodity group 9). This group consists of carriers engaged in the transportation of new and used motor vehicles, including automobiles, trucks, trailers, chassis, bodies, and automotive display vehicles, wholly or partially assembled, in interstate or foreign commerce. In this group are included:

(1) Carriers engaged in the transportation of motor vehicles by truckaway method, involving the use of special equipment such as trucks, tractors, trailers, semitrailers, 4-wheel trailers, tow cars, wrecking-service cars, and various combinations thereof in or upon which such motor vehicles are loaded.

(2) Carriers engaged in the transportation of motor vehicles by driveaway method, involving the utilization of the motive power, in whole or in part, of the vehicles being transported, either in single driveaway or in combinations of two or more vehicles by use of tow-bar mechanism, saddle or bolster mount mechanism, full-mount mechanism, or any combinations thereof.

(3) Carriers engaged in transportation of motor vehicles, within the boundaries of a city or single commercial zone, by either truckaway or driveaway method, where such transportation is a part of and is incidental to an interstate shipment or a movement in interstate or foreign commerce.

NOTE: The transportation of new automobiles, trucks, and trailers is usually a class C-9 movement. The transportation of used automobiles, trucks, and trailers and new or used chassis, bodies, and automotive-display vehicles is usually a class D-9 movement. In either case, the operation may be that of a common or contract carrier. When classified as a class D-9 movement, the scope of the operation is territorial in character and

includes the transportation of motor vehicles 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.

(j) Carriers engaged in armoredtruck service (commodity group 10). This group includes motor carriers, either common or contract, which by reason of the commodity transported, i. e., gold, silver, currency, valuable securities, jewels, and other property of very high value, use specially constructed armored trucks and provide police protection to safeguard the commodity while it is being transported and delivered. It also includes carriers which operate ordinary equipment in the carriage of high-value commodities when guards are necessary to accompany the shipment.

NOTE: This is a highly specialized type of service and is usually confined to larger cities and industrial areas. It is used by financial institutions for the transfer of funds, including bullion, currency, valuable securities, and jewels from dock to vault, pay rolls to industries, bank to bank, etc. It is frequently performed under a specific contract, although there are some carriers engaged in the service that hold themselves out as common carriers. Where the service is entirely local, the operation may be regarded as local cartage within a municipality. Where routes or territory beyond a municipal area are served, the operation becomes that of an irregular-route radial carrier.

(k) Carriers of building materials (commodity group 11). This group inIcludes both common and contract carriers engaged in the transportation of building materials for compensation, not including sand, gravel, crushed stone, or other building materials ordinarily transported in dump trucks. It includes haulers of lumber, cut stone, slate, tile, brick, cement, plaster in sacks, or other similar materials usually transported on flat-bed vehicles.

NOTE: Usually no special equipment is required, except in the case of the lumber hauler, who uses vehicles equipped with a special unloading device, or that of the concrete hauler which mixes en route. Most of the other building materials can be and are hauled in small lots as general commodities. The movement of these commodities is usually in connection with a construction project, in truckloads, and for comparatively short distances. The transportation of lumber between manufacturing plants and from mill to retail yard is an important service rendered by carriers classed in this group.

(1) Carriers of films and associated commodities (commodity group 12). This group, composed of both common and contract carriers, includes those carriers which are engaged in the transportation of motion-picture and soundreproducing films, recording, reproducing, and amplifying devices, supplies and accessories for the operation of motionpicture theaters or places of exhibition, including the transportation of tickets, advertising matter, displays, and exhibits such as are found in lobbies of motionpicture theaters, and furnishings and supplies necessary in the maintenance and operation of such theaters. This type of operation requires unusual delivery schedules and special personal services.

NOTE: This group of carriers has, in some instances, undertaken the delivery of newspapers, magazines, publications, yeast, coffee, confectionery, and other dated products. If such commodities were actually transported by a carrier in this group in interstate commerce on and since the "grandfather" date, such carrier is entitled to continue to transport such items under the law. The transportation of such commodities, however, as a rule is only incidental to and carried on in conjunction with the transportation of films and accessories. In cases of future authorizations involving a showing of public convenience and necessity, these items should not be regarded as being associated with the carriage of films and under no circumstances should the inclusion of these items in the "grandfather" certificates or permits be construed as authorization to the film carrier to engage in transportation of general freight on the grounds that such general freight is labeled "dated."

(m) Carriers of forest products (commodity group 13). This group includes both common and contract carriers engaged principally in the transportation of forest products, i. e., logs, poles, piling, fence posts, shingle bolts, pulpwood, and fuel from the forest to processing points or to market.

NOTE: In those areas where the timber is large, special truck equipment is required for the transportation of logs. Such equipment includes bunks, reaches, 2-wheel and 4-wheel trailers, special braking arrangements, and other incidental special equipment. Similar equipment is also frequently used in the transportation of poles and piling. Ordinary vehicles are used to transport the other items referred to herein. This group does not include carriers who are engaged in the transportation of rough or finished lumber or processed products derived from raw for

est products, nor does it include such operations as are grouped under "carriers of building materials."

(n) Carriers of mine ores, not including coal (commodity group 14). This group comprises both common and contract carriers engaged principally in the transportation of mining products in the rough, such as iron, copper, or other ores, from the mine to the smelter or from the mine to bunkers located on the routes of connecting carriers. It also includes the transportation of products of smelters to refineries or foundries. It does not include coal or coal products or refined or manufactured products of ores, which are classified herein under other groupings.

(0) Carriers engaged in retail-store delivery service (commodity group 15). This group includes carriers who render a specialized delivery service for retailstore establishments. This service is usually confined to municipal areas, and where that is the case, it may be regarded as a city cartage operation. In some instances, however, the service extends beyond municipal areas, and in that case the operation may be classified in accordance with the service rendered. (p) Carriers of explosives or dangerous articles (commodity group 16). Carriers of certain explosive or dangerous articles, except liquid petroleum products as described in paragraph (d), and films as described in paragraph (1), are those carriers which engage in transporting dangerous, less dangerous, or relatively safe explosives, including nonexplosive material such as fuses, cartridge cases, dummy cartridges, etc., inflammable oxidizing materials, corrosive liquids, compressed gases, poisonous articles, and other acceptable dangerous articles other than inflammable liquids in tank vehicles.

NOTE: The transportation of the commodities classed in this group involves unusual hazards and requires special precautions in the matter of safety. The carriage is usually rendered under special agreement but is also rendered by common carriers when the volume of the movement is not sufficient to warrant a contract operation.

(q) Carriers of specific commodities not subgrouped (miscellaneous-commodity group 17). Throughout the country there are individual truck operators who engage in the transportation of some specific commodity or commodities which do not fall within any of the commodity subgroups included in this classification.

NOTE: Usually such transportation is carried on in conjunction with a local industry or local situation and is not of sufficient importance nationally to warrant subgrouping. In order to provide, however, for the general classification of such operations, miscellaneous-commodity group 17 has been included. The specific commodity or commodities transported by carriers who may be classified in this group are shown in the carrier's certificate of public convenience and necessity or permit. Commodity group 17 carriers will be the subject of further study and if need therefor is shown, additional commodity groups will be established from time to time from this miscellaneous group to meet the administrative requirements of the Bureau of Motor Carriers.

§ 165.3 Carriers subject to more than one classification. These classifications and groupings are prescribed for general purposes. The operations of an individual carrier may fall within more than one grouping, in which event they become subject to the rules and regulations of each group in which they fall.

§ 165.4 Exceptions to and changes in classification. Any group of carriers, or any carrier member of a group, may, upon proper notice, petition the Commission to alter, amend, or otherwise modify any part of this classification or any grouping prescribed herein. Unless exceptions are specifically granted, the general rules and regulations of the Commission shall govern.

§ 165.5 Emergencies. In case of emergencies or unforeseen conditions over which the motor carrier affected has no control, which require immediate and extraordinary treatment, the Commission may, without notice, modify, amend, suspend, or vacate any or all classifications or groupings prescribed in this part and substitute in lieu thereof such classification groupings or regulations as may be necessary during the period of such emergency.

Sec.

Part 166-Identification of Vehicles

166.1 Vehicles subject to regulations. 166.2 Method of identification. 166.3 Size, shape, and color. 166.4 Vehicles in driveaway service. 166.5 Use of identification plates prohibited.

AUTHORITY: §§ 166.1 to 166.5 issued under 49 Stat. 546, as amended; 49 U. S. C. 304. Interpret or apply 49 Stat. 566, as amended; 49 U. S. C. 324.

SOURCE: § 166.1 to 166.5 appear at 12 F. R. 4270.

§ 166.1 Vehicles subject to regulations. Every for-hire motor carrier operating under authority granted pursuant to the Interstate Commerce Act (24 Stat. 379, as amended; 49 U. S. C. 1 et seq.) shall observe the rules and regulations prescribed in this part respecting each motor vehicle operating under such authority.

§ 166.2 Method of identification. There shall be displayed on both sides of each vehicle operated under its own power, either alone or in combination, except as otherwise provided in this part respecting vehicles in driveaway service, the name or trade name, of the motor carrier under whose authority the vehicle or vehicles is or are being operated, and the certificate, permit, or docket number assigned to such operating authority by the Interstate Commerce Commission. Such certificate, permit, or docket number, or numbers, shall be in the following form: "I. C. C.

", but shall not include any sub numbers which may have been assigned. If the name of any persons other than the operating carrier appears on the vehicle operated under its own power, either alone or in combination, the name of the operating carrier shall be followed by the information required above, and be preceded by the words, "Operated by". Nothing in the regulations in this part shall prohibit display of such additional identification as is not inconsistent herewith.

§ 166.3 Size, shape, and color. The display of name and number prescribed in this part shall be in letters and figures in sharp color contrast to the background and be of such size, shape, and color as to be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is not in motion, and such display shall be kept and maintained in such manner as to remain so legible. If desired, display may be accomplished through use of a removable device so prepared as otherwise to meet the identification and legibility requirements of the regulations in this part.

§ 166.4 Vehicles in driveaway service. If a removable device is used on vehicles in driveaway service it either may be affixed on both sides, or, at the rear of the singly driven vehicle. In the case of a combination driveaway operation the removable device may be affixed on both sides of any one of the units

170.8 Kansas City, Mo.; Kansas City, Kans. 170.9 Boston, Mass.

170.10 Davenport, Iowa; Rock Island and Moline, Ill.

170.15 Definitions.
170.21 Baltimore, Md.
170.22 Cleveland, Ohio.
170.23 Detroit, Mich.
170.24 Seattle, Wash.
170.25 Albany, N. Y.

170.26 Minneapolis-St. Paul, Minn.
170.27 New Orleans, La.
170.28 Pittsburgh, Pa.
170.29 Portland, Oreg.
170.30 Vancouver, Wash.

AUTHORITY: §§ 170.1 to 170.30 issued under 49 Stat. 546, as amended; 49 U. S. C. 304. Interpret or apply 49 Stat. 543, as amended, 544, as amended; 49 U. S. C. 302, 303.

§ 170.1 New York, N. Y. (a) For the purpose of administration and enforcement of Part II of the Interstate Commerce Act, the zone adjacent to and commercially a part of New York, N. Y., and contiguous municipalities in which transportation by motor vehicle in interstate or foreign commerce, not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond the zone, will be partially exempt under section 203 (b) (8) of the act from regulation is hereby defined to include the following territory: The area within the corporate limits of the cities of New York, Yonkers, Mount Vernon, North Pelham, Pelham, Pelham Manor, Great Neck Estates, Floral Park, and Valley Stream, N. Y., and Englewood, N. J.; the area within the borough limits of Alpine, Tenafly, Englewood Cliffs, Leonia, Fort Lee, Edgewater, Cliffside Park, Fairview,

Palisades Park, and Ridgefield Boroughs Bergen County, N. J.; and that part of Hudson County, N. J., east of Newark Bay and the Hackensack River.

(b) The exemption in section 203 (b) (8), to the extent it affects transportation by motor vehicle between Elizabeth, Linden, and Perth Amboy, N. J., and that part of New Jersey east of U. S. Highway 9 extending southward from the city limits of Linden to the city limits of Perth Amboy, on the one hand, and points in the above-described zone, on the other, is hereby removed and said transportation is hereby subjected to all of the provisions of the act.

[No. MC-C-2, I. C. C., 2 F. R. 1005]

§ 170.2 Chicago, Ill. (a) For the purpose of administration, and enforcement of Part II of the Interstate Commerce Act, the zone adjacent to and commercially a part of Chicago, Ill., and contiguous municipalities, in which transportation by motor vehicle in interstate or foreign commerce, not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond the zone, will be partially exempt under section 203 (b) (8) of the act from regulation, is hereby defined to include the area within the corporate limits of Chicago, Evanston, Oak Park, Cicero, Berwyn, River Forest, Spring Forest, Worth, Homewood, and Lansing, Ill.; the area within the township limits of Niles, Maine, Leyden, Norwood Park, Proviso, Lyons, Riverside, Stickney, Worth, Calumet, Bremen and Thornton Townships, Cook County, Ill.; and the area within the corporate limits of Hammond, Whiting, East Chicago, and Gary, Ind. [No. MC-C-3, I. C. C., 2 F. R. 1006]

§ 170.3 St. Louis, Mo.-East St. Louis, Ill. (a) For the purpose of administration and enforcement of Part II of the Interstate Commerce Act, the zone adjacent to and commercially a part of St. Louis, Mo., East St. Louis, Ill., and contiguous communities, in which transportation by motor vehicle in interstate or foreign commerce, not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point beyond the zone, will be partially exempt from the regulation under section 203 (b) (8) of the act, is hereby defined to include the area within the corporate limits of St. Louis, University City, Clayton, Richmond Heights,

Brentwood, Maplewood, Webster Groves, and Shrewsbury, Mo.; that part of St. Louis County, Mo., north of University City, west of St. Louis, and east and south of a line extending northward from the corporate limits of University City along Hanley Road to Page Avenue, thence southeastward along Page Avenue to Pennsylvania Avenue, thence northward and northeastward along Pennsylvania Avenue to St. Charles Rock Road, thence southeastward along St. Charles Rock Road to Lucas and Hunt Road, thence northeastward along Lucas and Hunt Road to Hord Avenue, thence northeastward and southeastward along Hord Avenue to Jennings Station Road, thence northeastward along Jennings Station Road to Hall's Ferry Road, thence southeastward along Hall's Ferry Road to the corporate limits of St. Louis; that part of St. Louis County, Mo., south of Webster Groves and Shrewsbury, Mo., south and west of St. Louis, Mo., west of Mississippi River, and east and north of a line extending southeastward from the corporate limits of Webster Groves along Grant Road to Gravois Road, thence southwestward along Gravois Road to Musick Avenue, thence southeastward along Musick Avenue to Green Park Road, thence southeastward and eastward along Green Park Road to Lemay Ferry Road, thence southwestward along Lemay Ferry Road to Jefferson Barracks Road, thence southeastward along Jefferson Barracks Road to the limits of Jefferson Barracks, Mo., thence northeastward and eastward along the limits of Jefferson Barracks to the Mississippi River; and the area within the corporate limits of East St. Louis, Nameoki, Granite City, Madison, Venice, Brooklyn, National City, Fairmont City, Washington Park, and Monsanto, Ill.

(b) The report in 2 MCC 285 filed on the date hereof, is hereby made a part of this section.'

[No. MC-C-1, I. C. C., 2 F. R. 1005]

§ 170.4 Washington, D. C. For the purpose of administration and enforcement of Part II of the Interstate Commerce Act, the zone adjacent to and commercially a part of Washington, D. C., in which transportation by motor vehicle in interstate or foreign commerce,

1 Findings of fact and conclusions not included herein. Requests therefor may be addressed to the Interstate Commerce Commission, Washington 25, D. C.