NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 26, 1934
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Approved Code No. 278-Amendment No. 1
Registry No. 1411-61
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Approved Code No. 278-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on March 26, 1934
APPROVING( EXTENSION OF CERTAIN TIME PROVISIONS AND CLARIFICA-
TION OF THE CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY
WHEREAS, the Code of Fair Competition for the Trucking In-
dustry provides that said Code shall become effective fifteen (15)
days after approval by the President, and
WHEREAS, said Code was approved by the President on the 10th
lay of February, 1934, and
WHEREAS, under the provisions of said Code in Article VI
thereof it is required that every member of the Industry shall within
thirty (30) days after the effective date of said Code, register his
name, number and type of vehicle operated and such other informa-
tion as may be prescribed by the National Code Authority with the
approval of the Administrator, and
WHEREAS, Article II defines the Industry and the members
WHEREAS, Article III, Section 3 of said Code provides that
an election of State code authorities by the members of the Industry
who have registered as required under Article VI of this Code shall
be held within sixty (60) days after the effective date of the Code,
WHEREAS, the said Code in its various provisions requires mem-
bers of the Industry to comply therewith within specified periods,
WHEREAS, the National Code Authority for the Trucking In-
dustry has requested an extension of time with reference to the
various provisions of the Code above referred to and a clarification
with respect to Article II and Article VI thereof, and
WHEREAS, it appears to me that because of the complexity
and size of the Industry the request of the Code Authority as
hereinbefore set forth should be granted
NOW, THEREFORE, I, Hugh S. Johnson, Administrator for
Industrial Recovery, pursuant to authority vested in me by Execu-
tive Orders of the President and the Code of Fair Competition for
49432----425--168--34 1 1
the Trucking Industry and otherwise, in order to afford sufficient
time for compliance with the Code of Fair Competition for the
Trucking Industry and in order to clarify and amend the provisions
thereof as recommended by the National Code Authority for said
Industry, and in order to afford sufficient time for setting up the
ne'.-fa-ry means of registration and administration of the Code for
this Industry, do hereby order that all periods specified in said
Code within which coimipliance shall be required and all periods
within which elections shall be held and the period within which
members of the Industry shall register and report are hereby ex-
tended so that the commencement of the time with reference thereto
shall be computed from the date of March 30, 1934, rather than
the effective (late of the Code and the following language, be added
to Article II, Section I-B-(1) "such vehicles when also subject
to any other Code shall be rtgi-tereVl under this Code, by the person
or other form of enterprise controlling the operation thereof, who
shall also furnish reports and pay equitable assessments under the
Code based on the cn,-t incident to registration and reports, all as
may be approved by the Administrator."
This order and the above amendment and the approval thereof
shall take effect on April 5, 1934, unless good canus, to the contrary is
shown to the Administrator in Room 4217, Commerce Building,
before that timle and the Administrator issues a subqiluent. order to
HUGH S. JOHNSON,
AdmJd/idifrator for Industrial Rcr'or''y.
SOL A. ROSENBLATT,
March 26, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the recommendation made to the Admin-
istrator by the National Code Authority of the Code of Fair Com-
petition for the Trucking Industry for an administrative order
granting extension of certain time provisions and clarification of
certain other provisions of the Trucking Code. No formal hearing
was held on this order, but effected persons are given the right to
file protest within ten days of the date of the order.
The order recommended by the National Code Authority provides:
1. all periods specified in the said code within which compliance
shall be required and all periods within which elections shall be
held and the period within which members of the industry shall
register and report, are hereby extended so that the commencement
of the time with reference thereto shall be computed from the date
of March 30, 1934, rather than the effective date of the Code and
2. That in clarification of Article II, Section I-B-(1) it. shall be
specifically stated that all not for hire vehicles being operated subject
to the terms of other codes of fair competition approved pursuant
to Title I of the National Industrial Recovery Act shall be registered
according to the provisions of the Trucking Code; that the char-
acter and the volume of their operations, etc., shall be reported
according to the provisions of the Trucking Code; and that the
vehicle shall be subject to an equitable assessment for the cost of
registration and reporting with the approval of the Administrator.
The Deputy Administrator in his final report to me has found
1. Due to the extensive character of the Trucking Industry and
the complex administrative machinery necessary to effectuate the
provisions of the Trucking Code, considerable difficulty has been
encountered in putting the necessary administrative machinery into
operation and that it is essential to extend all periods specified in the
Trucking Code within which compliance shall be required.
2. That in the negotiations leading up to the final approval of the
Trucking Code, it was intended-that the language of Article II,
Section I-B-(1) would require all vehicles (except those owned
and operated by farmers) transporting property over the public
highways to register and report under the Trucking Code.
I find that:
S1. The amendment to said Code and the said Code as amended
are well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purp-se of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
go ve(rnmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production, by increai ng the consumption of ind ulltrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
2. The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subeoction (a) of Section 7 and
Sub-ertion (b) of Section 10 thereof.
3. Article II, Section A-1 (j) of the approved Code of Fair Com-
petition for the Trucking Industry empowers the National Code
Authority to present the aforesaid amendment on behalf of the
Industry as a whole.
4. The amendment and the Code as amended are not (designed to
and will not permit monopolies or monopolistic practices.
5. The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprise, and will not
operate to discriminate against them.
6. Those engaged in other steps of the e-,mnomic process have not
been deprived of the right to be heard prior to the approval of said
For these reasons, this order has been approved.
HUGH S. JOHNSON,
A dmin i n t'ator.
MARCH 26, 1934.
Approved Code No. 278.-Amendment No. 1.
Registry No. 1411-61.
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