§ 1040.1 Types of property-carrier service.

(a) Regular-route scheduled service (Class A). A regular-route scheduledservice 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.

§ 1040.2 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.

goods

(b) Carriers of household 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 & 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 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.

(1) 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 movements. 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 classi

fied 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 valut, 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 includes 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, confectionary, 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 forest 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 render under special agreement but is also rendered by common carriers when the vol

ume 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 Operations.

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

§ 1040.5 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.

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1041.23 Operating authority to particular airport, construction. AUTHORITY: The provisions of this Part 1041 issued under sec. 204, 49 Stat. 546, as amended; 49 U.S.C. 304, unless otherwise noted.

SOURCE: The provisions of this Part 1041 appear at 32 F.R. 20027, Dec. 20, 1967, unless otherwise noted.

Subpart A-Motor-Carrier Operation Involving Traversal States

§ 1041.1 Interpretation of outstanding certificates and permits.

All certificates and permits heretofore issued to motor carriers authorizing operations over irregular routes which necessitate that the carriers, in performing their authorized services, pass through states other than those in which they are authorized to receive or discharge passengers or freight, are interpreted as follows:

(a) Where no "traversal states" are named. Carriers may operate through any state which affords a reasonably direct or logical route between the points authorized to be served.

(b) Where "traversal states" are named. Whether all or only a portion of such states are named, the carriers may operate not only through the "traversal states" named but also through