Citation
Amendment to code of fair competition for the trucking industry as approved on March 26, 1934

Material Information

Title:
Amendment to code of fair competition for the trucking industry as approved on March 26, 1934
Portion of title:
Trucking industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Trucking -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1411-61."
General Note:
"Approved Code No. 278--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004938161 ( ALEPH )
649489618 ( OCLC )

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Full Text







NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


TRUCKING INDUSTRY


AS APPROVED ON MARCH 26, 1934


WE DO OUR PART
WE DO OUR PART


Ui:


U.I -.&


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


le by the Superende of Documents Washington D. Price 5
For smle by the Superintendent of Documents. Washington. D.C. Price 5 oents


Approved Code No. 278-Amendment No. 1


Registry No. 1411-61























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Fortiigu
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
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St. Louis, Mo.: 506 Olive Street.
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Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 278-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

TRUCKING INDUSTRY

As Approved on March 26, 1934


ORDER

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
thereof, and
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,
and
WHEREAS, the said Code in its various provisions requires mem-
bers of the Industry to comply therewith within specified periods,
and
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
that effect.
HUGH S. JOHNSON,
AdmJd/idifrator for Industrial Rcr'or''y.
Approval recommended:
SOL A. ROSENBLATT,
Division Administrator.
WASHINGTON, D.C.,
March 26, 1934.












REPORT TO THE PRESIDENT


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:
that
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
that
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
(3)








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
amendment.
For these reasons, this order has been approved.
Respectfully,
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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Full Text

PAGE 1

Approved Code No. 278-Amendment No. 1 Registry No. 1411-61 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY AS APPROVED ON MARCH 26, 1934 ,. . WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. -• • • • -• Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, GoYernment Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Feueral Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadv,ay. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. l\linneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 278-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TRUCKING INDUSTRY As Approved on March 26, 1934 ORDER APPR VING EXTENSION OF CERTAIN TIME PROVISIONS AND CLARIFICATION OF THE CooE OF FAIR Co:MPETITION FOR THE TRUCKING INDUSTRY vVHEREAS, the Code of Fair Competition for the Trucking Industry provide that said Code shall become effective fifteen (15) day after approval by the President, and \VHEREA::::;, said Code was approved by the President on the 10th day of February, 1934, and \\ lIEREAS, under the provis ions of said Code in Article VI thereof it is required that every member of the Industry shall within thirty (30) days after the effective elate of said Code, register his name, number and type of vehicle operated and such other information a may be prescribed by the National Code Authority with the a pproYal of the Ad mini trator, and \,\ HEREAS, Article II defines the Industry and the members thereof and \VHEREA , Article III, Section 3 of said Code provides that an ele tion of State code authorities by the members of the Indu try who hav regi tered as required under Article VI of this Code shall be held within sixty ( 60) days after the effective date of the Code, and \VHEREAS, the said Code in its various provisions requires mem bers of the Indn try to comply therewith within specified periods, and \VHEREA the ational Code Authority for the Trucking In lu try ha reque ted an exten ion of time with reference to the vari ou pro vi ions of the Co le a hove referred to and a clarification with re pect to Article II and Article VI thereof, and WI-IERE S it a1 pear to me that because of the complexity and iz of the Inclu try the reqne t of the ode Authority as her in b f re et forth hould be granted O\V THEREFORE I Hugh S. John on, Administrator for Indu trial Recovery pur uant to authority ve ted in me by Executi e Order of the Presid nt and the Code of Fair Competition for 49432--425-lG -3~ (1)

PAGE 4

2 the Trucking Industry and otherwise, i n order to a fford sufficient time for comp l iance with the Code of Fair Competition for t h e Trucking Industry and in order to clarif y and amend the provisio n s thereof as recommended by the National Code Authority for said Industry, and in order to afford sufficient time for etting up t h e nec essary means of registration and administration of the Code for this Industr y, do h ereby order that all p eriods pecified in aid Code within which compliance shall be required and all periods within which election. shall b e held and the p eriod within which members of the Indu try shall register and report are hereby extended o that the commencement of the time with refere nce thereto shall be computed from the date of March 30, 1934 , rather than the eff ectiYe date of the Code and the following language be added to Article II, Section I-B-(1) "such vehicles when al o sub jr>ct to any other f"'1ocle hall be registered under this Code, by the person or other form of enterprise controlling the operation thereof, ,vho shall al o furnish report and pay equitabl a e m ents unde r the Code ba eel on the co t incident to registration and report , all as nrny be approve d by the Adminis trator." This order and the above amendment and the approval thereof hall take effect on April 5, 1934, unless good ca use to the contrary is shown to the Admini trator in Room 4217, Conunerce Building, before that time and the Administrator i ssues a subsequent order to that effect . HUGH s. JOHNSON, Ad1ninistrator for lndi1,Strial Recov er y . Approval recon1m ended: SoL A. RosENBLATT, Division .ildniin istrator. w ASHINGTON, D.C., M arcli f6, 1934,

PAGE 5

REPORT TO THE PRESIDENT Th PRE !DENT 1' he lr liite II ouse. IR : Thi i a r port on the recommendation made to the Admini trator by th National Code Authority of the Code of Fair Competition for the Trucking Industry for an admini trative order grantin o-e:xten ion of certain time provision and clarification of certain other pr Yi i n of the Trucking Code. o formal hearing wa 1 elcl on ihi ord r, but effected pers ons are given the right to fil prote t within ten days of the date of the order. The order recommended by the National Code Authority provicles: that 1. all period., specified in the said code ,Yithin which compliance hall be r quired and all periods within which elections shall be held and the period within which members of the indu try shall reo-ister an l report, are hereby extended so that the commencement of the time with reference thereto shall be computed from the date of l\Iarch 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 p cifically stated that all not for hire vehicles being operated subject to the terms f other codes of fair competition approved pursuant to Title I of the National Industrial Recovery Act shall be regi tered according to the provision 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 hall be subject to an equitable a s es ment for the co t of registration and reporting with the approval of the Administrator. The Deputy Administrator in his final report to me ha s found that 1. Due to the extensiYe character of the Trucking Indu try and the omplex administrative machinery neces ary to effect uate the provi. ion of the Trucking Code, con idera ble difficulty has been encountered in putting the nece s ary administrative machin ry into operation and that it i e ential to extend all periods specified in the Trucking Code within whi h compliance shall be required. 2. That in the neo-otiation leading up to the final approval of the Truckino ode, it was inten led. that the language of Article II, ection I-B-( 1) would require all vehicles ( except those own d and op rated by farmers) tran porting property over the public highway to regi -t r and r port under the Trucking Code. I find that: 1. Th amendm nt to said Code and the aid C de as amended are w 11 d igned to promote the policies and purpo es of Title I of the National Indu trial Recovery Act including the removal of ob truction to the free flow of inter tate and foreign commerce which t nd to dimini h the amount thereof, and will provide for the (3)

PAGE 6

4 general welfare by promoting the oro-anizatio . n of industry for the purpo e of cooperative action among trade groups, by inducing and maintaining united action of labor and management und r adequate governmental sanction and supervision, by eliminating unfair com petitive practices, by promoting the fullest possible utilization o f the present produc tive capacity of indu trie , by avoiding undue restriction of production, by increasing the consumption of industrial and agricultural product through increa 1ng purchasing power, by re lucing and relieving unemployment, by improving tan lard of labor, and by otherwise rehabilitating industry. 2. The Code as amended complies in all re pects with the pertinent provi ions of said Title of said Act, including with0l1t limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and Sub~ ection (b) of Section 10 thereof. 3. Article II, Section A-1 (j) of the approved Code of Fair Competition for the Trucking Industry empowers the ational 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 enterprises and v,1ill not operate to discriminate against them. 6. Those engaged in other teps of the economic process have not been deprived of the right to be heard prior to the approval of said amendment. For these reasons, this order has been approved. Respectfully, MARCH 26, 1934. Approve 1 Code No. 278.-Amendment No. 1. Registry No. 1411-61. 0 HUGH S. JOHNSON, Aclniinistrator .

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