We further find that applicant (Barney Gross) was on June 1, 1935, and continuously since that time has been, in bona fide operation as a common carrier by motor vehicle, of general commodities, in interstate or foreign commerce, at Denver, Colo.; that he is entitled to a certificate authorizing continuance of such operation; and that in all other respects the application should be denied.

Upon compliance by applicant with the requirements of sections 215 and 217 of the act and with our rules and regulations thereunder, an appropriate certificate will be issued. An order will be entered denying the application except to the extent that the issuance of a certificate is authorized by the above findings.

23 M. C. C.

No. MC-39056

U-DRIVE-IT CO. OF PENNSYLVANIA, INC., COMMON CARRIER APPLICATION

Submitted December 8, 1938. Decided June 20, 1940

Operation by applicant in furnishing motor vehicles, without drivers, to firms and individuals for their private and personal use, found not subject to the Motor Carrier Act, 1935. Application dismissed.

C. D. Barnard and R. F. Young for applicant.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS LEE, ROGERS, AND ALLDREDGE

BY DIVISION 5:

No exceptions were filed to the order recommended by joint board No. 65, to which the matter was referred, but it was stayed by us.

By application filed February 10, 1936, under the "grandfather" clauses of sections 206 (a) and 209 (a) of the Motor Carrier Act, 1935, U-Drive-It Co. of Pennsylvania, Inc., of Philadelphia, Pa., seeks a certificate of public convenience and necessity or a permit, authorizing operation as a common or a contract carrier by motor vehicle, in interstate or foreign commerce, of passengers and property between Philadelphia, Pa., and points in the vicinity thereof, on the one hand, and points and places in all States and the District of Columbia, on the other, over irregular routes.

Applicant has been engaged since December 10, 1927, in the business of furnishing passenger cars and trucks to individuals and firms for their personal and private use. At the time of the hearing, its equipment consisted of 17 passenger cars and 17 trucks, all registered and licensed in its name. Applicant furnishes gas and oil and maintains the equipment but does not furnish drivers. It carries publicliability and property-damage insurance covering the equipment, but those renting the equipment are assessed a small charge, commensurate with their use thereof, to reimburse applicant for the cost of such insurance. Applicant does not direct and control the operation of the equipment while rented.

Based on the facts before us, applicant does not undertake to transport passengers or property. It merely rents motor vehicles to be operated under the direction and control of those who rent them. Consequently, it is not a carrier by motor vehicle and requires

no authority as such. Compare Dixie Ohio Exp. Co. Common Carrier Application, 17 M. C. C. 735.

While the evidence indicates that the arrangements here considered are bona fide, we are not unmindful of the possibility that some persons may endeavor to evade regulation under the act by attempting to furnish transportation service, subject to the act, under the guise of agreements which, on their face, purport to be merely rentals or leases of equipment to be operated under the direction. and control of those renting or leasing same. Should such situations come to our attention, we shall take the necessary steps to put an end to the unlawful operations.

Upon the present record, we find that applicant in leasing or renting motor vehicles, without drivers, to firms and individuals for their private and personal use is not engaged in operation as a common or contract carrier by motor vehicle as defined in the act, and is not subject to our jurisdiction.

An order will be entered dismissing the application.

23 M. C. C.

CASES DISPOSED OF BY THE COMMISSION WITHOUT PRINTED REPORT DURING THE TIME COVERED BY THIS VOLUME

APPLICATION CASES-COMMON AND CONTRACT CARRIERS

BY DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON MC-101 (Sub-No. 2), DALE RESLER EXTENSION OF OPERATIONS-WHITE SANDS NATIONAL MONUMENT. Decided June 8, 1940. On reconsideration, findings in prior report, 12 M. C. C. 803, modified. Certificate granted. Passengers and their baggage, in special operations, on round-trip tours beginning and ending at El Paso, Tex., over a specified route. Appearances as shown in prior report.

MC-1405 (Sub-No. 1), J. C. NOWADNICK AND G. W. NOWADNICK EXTENSION OF OPERATIONS-OREGON. Decided June 25, 1940. Certificate granted. General commodities, with exceptions, between Centralia and Chehalis, Wash., on the one hand, and places within 10 miles of such points, excluding those within 3 miles of Centralia and Chehalis, on the other, over irregular routes. Application denied in other respects. J. C. Nowadnick for applicants. William B. Adams, R. H. Culbertson, Thos. H. McGuire, and E. V. White for protestants.

MC-2059, HERSEY SERVICE, INC., COMMON CARRIER APPLICATION. Decided June 22, 1940. Certificate granted. Paper, paper boxes, new furniture, and supplies and materials used in the manufacture of furniture, between certain points in Connecticut, Massachusetts, New Jersey, and New York, over irregular routes. Application denied in other respects. George W. Hersey for applicant. E. J. Barrett, George F. Mahoney, Francis E. Buckley, James F. Harrington, W. A. Melander, and Francis E. Barrett for protestants.

MC-3189 (Sub-No. 1), EDWIN THOMPSON EXTENSION OF OPERATIONS-DELAWARE AND MARYLAND. Decided June 25, 1940. Application for certificate denied. Corrugated boxes from Philadelphia, Pa., to Wilmington and Rockland, Del., and Baltimore and Pocomoke City, Md., over irregular routes. Samuel H. Coplin for applicant. John J. Paul, Alfred W. Hesse, Jr., and Harris J. Latta, Jr., for

protestants.

MC-3361 (Sub-No. 1), TYSON-LONG COMPANY EXTENSION OF OPERATIONSPETROLEUM AND PETROLEUM PRODUCTS. Decided June 22, 1940. Certificate granted. Liquid petroleum products, in tank trucks, from refining and distributing points in Kansas to Wayne and Wakefield, Nebr., and all points on U. S. Highways 73 and 73E, between Tekamah, Nebr., and South Sioux City, Nebr., and those on U. S. Highway 73 W, between Lyons, Nebr., and Winnebago, Nebr., over irregular routes. C. Austin Sutherland and R. E. Powell for applicant. James A. Gillen, R. L. Hafer, C. F. Jones, and Charles M. Sutherland for protestants.

MC-7309 (Sub-No. 1), MANSON JAMES YOUNG AND JEAN BINGAY YOUNG EXTENSION OF OPERATIONS-DESCHUTES AND LAKE COUNTIES, OREG. Decided June 22, 1940. Certificate granted. Household goods, between points in Lake

and Deschutes Counties, Oreg., and a defined area in northern California, over irregular routes. Application denied in other respects. M. J. Young for applicant. F. N. Bigelow, F. X. Vieira, and Jackson W. Kendall for protestants. I. R. Perry for intervener.

MC-10017, HERBERT E. DODEN Contract Carrier ApplicATION. Decided June 14, 1940. Certificate granted. Specified commodities, from certain points in Iowa to Mason City, Iowa, over irregular routes. Operations found to be those of a common carrier. Application denied in other respects. B. J. Drummond for applicant. John Gamble, Erwin Larson, V. J. Grice, and F. G. Cookman for protestants.

MC-11163, SEABOARD ASSOCIATED CARRIERS, INC., COMMON Carrier APPLIDecided June 29, 1940. Application for certificate denied.

CATION.

Operations in connection with the transportation of general commodities, from New York, N. Y., to certain points in New York, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, Maine, New Jersey, and Pennsylvania, not shown to be those of a motor carrier or broker under the Motor Carrier Act, 1935. T. D. Pratt and Barker D. Leich for applicant. H. Z. Maxwell for protestants.

MC-11315 (Sub-No. 1), WILLIAM A. GIVENS EXTENSION OF OPERATIONS— AKRON, OHIO. Decided June 14, 1940. Permit granted. Rubber heels and soles, and rubber cement in containers, from Barberton, Ohio, to certain points in Illinois, Kentucky, and Missouri, and rubber-cement containers and scrap rubber, in the reverse direction, over irregular routes. Application denied in other respects. Philip S. Peyser and H. D. Driscoll for applicant. Joseph H. Edwin, Milo J. Zimmerman, Arthur D. Shaw, and John J. Fitzpatrick for protestants.

MC-14886 (Sub-No. 2), W. I. WOMELDORF & SONS CONTRACT CARRIER APPLICATION. Decided June 22, 1940. Permit granted. Merchandise dealt in by five-cent-to-one-dollar chain stores, from McKeesport and Pittsburgh, Pa., to specified points in New York and New Jersey, and from points in New York and New Jersey to specified points in Pennsylvania, over irregular routes. Application denied in other respects. D. L. Bennett for applicants. Samuel P. Delisi for protestants.

MC-15661 (Sub-No. 1), James M. Dunn Extension of OPERATIONS-BALTIMORE, MD. Decided June 13, 1940. Permit granted. Chain retail drug-store merchandise, from Philadelphia, Pa., to Baltimore, Md., and Bridgeton and Woodbury, N. J., and rejected shipments on return, over irregular routes. Application denied in other respects. James B. Zink for applicant. John B. Gest and D. T. Waring for protestants.

MC-16081 (Sub-No. 2), OWNERS TRUCKING COMPANY, INC., EXTENSION OF OPERATIONS-WESTERN PENNSYLVANIA. MC-16081 (Sub-No. 3), OWNERS TRUCKING COMPANY, INC., EXTENSION OF OPERATIONS-NORTHEASTERN PENNSYLVANIA. Decided June 25, 1940. Permit granted. Liquid petroleum products, in tank trucks, from Syracuse and Rochester, N. Y., to points in Pennsylvania within 150 miles of Tonawanda, N. Y.; and from Newburgh and Kingston, N. Y., to points within a described area in Pennsylvania; over irregular routes. Applications denied in other respects. Harry S. Elkins for applicant. M. C. Smith, Jr., Charles Halpin, Harold S. Shertz, Samuel V. Gianniny, and Benjamin Pomeranz for protestants.

MC-17717, C. B. DEWEES AND E. S. SMITH Contract CarrieR APPLICATION. Decided June 25, 1940. Application for permit denied. Packing-house products, from Cedar Rapids, Iowa, to Freeport, Rockford, and Chicago, Ill., over a specified route. Charles A. Farr for applicants. John N. Hughes, Jr., and Cyril H. Wissil for protestants.