[Rationing of New Commercial Motor Vehicles, Trucks, Truck-Tractors, and Trailers] [From the U.S. Government Publishing Office, www.gpo.gov] OFFICE OF DEFENSE TRANSPORTATION HIGHWAY TRANSPORT DEPARTMENT WASHINGTON 25, D. C. + RATIONING OF NEW COMMERCIAL MOTOR VEHICLES TRUCKS, TRUCK-TRACTORS, AND TRAILERS Procedure for Rationing and INSTRUCTIONS TO APPLICANTS, DEALERS, DISTRIBUTORS, AND SALES AGENCIES Pursuant to General Order ODT 44 Administrative Order ODT 27 Issued at Washington, D. C., March 15, 1945 J. M. JOHNSON, Director OFFICE OF DEFENSE TRANSPORTATION FOREWORD 1. Necessity for rationing.—The fulfillment of requirements for the defense of the United States has resulted in a shortage in the supply of new commercial motor vehicles for defense, for private use and for export, and it is therefore necessary in the public interest, and to promote the national defense, to ration or allocate such vehicles in the manner hereinafter provided in General Order ODT 44, Administrative Order ODT 27 and these instructions pertaining thereto. As the supply of new trucks, truck-tractors and trailers available for civilian use will be greatly exceeded by the demand for these vehicles, it is imperative that the supply be equitably distributed to users who will perform the most essential services in connection with the prosecution of the war and maintenance of the essential civilian economy. 2. Vehicles covered l)y General Order ODT 44 and ’Administrative Order ODT —New commercial motor vehicles covered by the rationing plan authorized by these orders include vehicles of the following types: Trucks, truck chassis, truck-tractors, off-the-highway motor vehicles, full-trailers and semitrailers having a load-carrying capacity of 10,000 pounds or more, ambulances, hearses, bus chassis, station wagons, carryall suburbans, sedan deliveries, utility sedans, coupes fitted with pick-up boxes and cab pick-ups. Taxicabs and integral type buses are not included. 3. Summary of Procedure.—Complete information and instructions for persons wishing to acquire new commercial motor vehicles will be found in the detailed instructions to applicants, immediately following this summary. An applicant who desires a new commercial motor t vehicle must first obtain an application form ODT-663. This form is available at the sales agency handling the make of vehicle desired, or at any one of the district or field offices of the Office of Defense Transportation. After filling out the application, the applicant should file the original and two copies with the District Office nearest to his principal place of business. The District Manager will consider the application and, if he recommends approval, will forward it to the Washington Office of the Office of Defense Transportation where it will be reviewed. If approved there, a Certificate of Transfer will be issued. This Certificate of Transfer will be mailed directly to the applicant, and should be presented by him to the sales agency or other person from whom he is to receive the vehicle. The Certificate of Transfer is valid only to the date stated thereon. At the time of delivery of the vehicle, the transferor will complete the Report of Delivery, and this report must be signed by both the transferor (sales agency) and the transferee (purchaser). The Certificate of Transfer with the properly executed Report of Delivery must be returned to the District Office of the Office of Defense Transportation, where it will be used in connection with the issuance of a new or amended Certificate of War Necessity, where needed, and for other purposes. If the application form ODT-663 is disapproved by the District Manager, it will be so marked and returned to the applicant. The applicant will be given an opportunity to appeal from this decision to a local appeal board, whose decision shall be final. Details as to the procedure for appeal will be found in the instructions which follow. CONTENTS Page Foreword________________________________________________ h 1. Necessity for Rationing_______________________ n 2. Vehicles Covered by the Rationing Orders--- n 3. Summary of Procedure----------------------- n Instructions to Applicants, Dealers, Distributors, and Sales Agencies_________________________________________ 1-2 Se ction I.—General Statement----------------------- 1 1. Transfer of Vehicle___________________________ 1 2. Authority for Rationing New Commercial Motor Vehicles___________________________________ 1 3. The Application Form ODT-663----------------- 1 4. Vehicle to be Used in Connection with an Extension or Inauguration of Motor Carrier Service------------------------------------- 1 5. Place for Filing Application--------------- 1 Se ction II.—Filling Out Application---------------- 1 ,1 . Original and Three Exact Copies------------- 1 2. Separate Application for Each Vehicle Desired- 1 3. Complete and Accurate Answers to Questions— 1 4. Make, Model and Gross Vehicle Weight------- 1 Section III. —Filing the Application—Certificate of Transfer__________________________________________ 1-2 1. Filing the Application------------------------ 1 ,2 . Action by District Manager------------------ 1 3. Action by Washington________________________ 1-2 4. Certificate of Transfer Non transfer able-- 2 5. Certificate of Transfer does not Name Transferor __________________________________________ 2 6. Report of Delivery____________________________ 2 Page Instructions to Applicants, Dealers, Distributors, and Sales Agencies—Continued. Section III.—Filing the Application—Certificate of Transfer—Continued. 7. Filing of Report of Delivery with District Manager_____________________________________ 2 Section IV. —Government Exemption____________________ 2 1. Issuance of Government Exemption Permits__ 2 2. Vehicles for Export_________________________ 2 Section V. —Records, Audits, Reports, and Violations- 2 1. Records, Reports, and Audits________________ 2 2. Violations__________________________________ 2 3. Reporting of Violations_____________________ 2 Section VI. —Appeal Procedure—Appeals from De- cisions of District Managers______________________________ 2 1. Disapproval by District Manager_____________ 2 2. Local Appeal Boards_________________________ 2 3. Grounds for Appeal__________________________ 2 4. Filing of Appeal____________________________ 2 5. Action on Appeal____________________________ 2 Section VII. —Appendix____________________________ 3-14 1. District and Field Offices________________ 3-4 ‘ 2. General Order ODT 44______________________ 4-8 (a) Usage Classification List for New Commercial Motor Vehicles------- 8 3. Administrative Order ODT 27, as amended__ 8-12 4. Specimen of Application Form ODT-663_____ 13 5. Specimen of Certificate of Transfer—:---- 14 6. Specimen of Report of Delivery----------- 14 (ii) INSTRUCTIONS TO APPLICANTS, DEALERS, DISTRIBUTORS, AND SALES AGENCIES SECTION I.—GENERAL STATEMENT 1. The rationing of new commercial motor vehicles is now handled wholly through the facilities of the Office of Defense Transportation pursuant to General Order ODT 44. That Order provides in general that no person shall transfer or accept transfer of any new commercial motor vehicle unless such transfer has been authorized by a certificate of transfer issued by the Office of Defense Transportation. Moreover, except as provided in section 501.426 (b) of General Order ODT 44, a person who, pursuant to a certificate of transfer, has acquired a new commercial motor vehicle for the purpose of transporting property may not, within 6 months, resell or otherwise transfer the vehicle to any other person or convert it to any other use than that for which the certificate of transfer was issued, without the written prior approval of the Office of Defense Transportation. 2. The following instructions are issued in connection with General Order ODT 44 and Administrative Order ODT 27, as amended, and supersede previous instructions issued jointly by the Office of Defense Transportation and the War Production Board in connection with General Conservation Order M-100, which formerly governed the rationing of new commercial motor vehicles. 3. Application forms designated ODT 663 are supplied by the Office of Defense Transportation and may be obtained at any of its district or field offices. Before filling out an application, the applicant should carefully read these instructions and the instructions on the application form. The applicant should also familiarize himself with sections 501.421 (Application for certificate of transfer; place of filing) and 501.432 (Definitions) of General Order ODT 44, sections 503.470 (Application for certificate of transfer), 503.471 (Consideration of application by district manager) and 503.474 (Filing of new application after disapproval of original application) of Administrative Order ODT 27, and the Usage Classification List for New Commercial Motor Vehicles shown in Appendix 1 to General Order ODT 44. 4. If the vehicle desired is to be used in connection with an extension or inauguration of motor-carrier service which requires the prior approval of the Office of Defense Transportation under General Order ODT 3, Revised, as amended, General Order ODT 6A, as amended, or General Order ODT 17, as amended, or which requires the issuance of a new or amended certificate of war necessity under General Order ODT 21A, the applicant should make application on Form CWN-1 for such prior approval or new or amended certificate of war necessity at the same time as, or preferably before, he files the application for the new commercial motor vehicle. If the applicant does not file a CWN-1 application, the district manager will not consider the ’application for the new commercial motor vehicle but will dismiss it. There is no appeal from such a dismissal. 5. Section VII of these instructions contains, in the order named, a list of district and field offices of the Office of Defense Transportation at which applications may be filed, a copy each of General Order ODT 44 and Administrative Order ODT 27, as amended, and the application form ODT-663. SECTION II.—FILLING OUT THE APPLICATION 1. The application must be made in quadruplicate, i. e., an original and three exact copies. 2. A separate application must be made for each vehicle desired. Thus, if the applicant desires both a truck-tractor and a trailer, he must file two applications, one for the truck-tractor and the other for the trailer. 3. Complete and accurate answers must be given to numbered items 1 to 15, inclusive, on the application. These items are self-explanatory. If more space is needed for the answers attach additional sheets securely to the original and each copy of the application, numbering the answers on the additional sheets to correspond with the numbered items on the application. Applications not filled out completely or accurately will be returned to the applicant without action. 4. Note that the make and model designation of the vehicle desired need be shown in the space provided for that purpose on the application only if the application embraces (a) a tank trailer, or (b) a truck or trucktractor with a gross vehicle weight rating of 16,000 pounds or more. The applicant should ascertain from the sales agency from which he contemplates purchasing the vehicle, the gross vehicle weight rating of the vehicle desired or, if a trailer, its load-carrying capacity. SECTION III.—FILING THE APPLICATION-CERTIFICATE OF TRANSFER 1. Except as otherwise provided by section 501.421 of General Order ODT 44, the original and two copies of each application must be submitted to the district or field office, Office of Defense Transportation, which is located nearest to the home office or principal place of business of the applicant. (One copy of the application should be retained by the applicant.) 2. If approval of the application is recommended by the district manager, it will be transmitted to the Highway Transport Department, Office of Defense Transportation, Washington, D. C., where it will be reviewed. If the district manager disapproves the application, he will return the original so marked with a letter stating briefly the reasons therefor and outlining the appeal procedure prescribed in section 503.472 of Administrative Order ODT 27. 3. If and when the application is approved at Washington, the certificate of transfer embodied therein will (1) be executed and the original of the application will be mailed directly to the applicant at the address given in the application. (If the application is disapproved, the applicant will be notified accordingly.) 4. The certificate of transfer is nontransferable and may be used only by the person to whom it is issued. It must be presented to the transferor and delivery of the vehicle taken on or before the expiration date shown thereon or it will become invalid. 5. The certificate of transfer does not name any particular transferor; it may be presented to any sales agency or other person having available a vehicle such as described by the certificate. 6. At the time of transfer, the sales agency or other person making delivery of the vehicle must endorse its name and address, as transferor, and insert the make, model, serial number and gross vehicle weight (load carrying capacity, if a trailer) of the vehicle transferred on the “report of delivery” (shown immediately below the certificate of transfer on the application form). The applicant, as transferee, must likewise affix his name and the date on which delivery of the vehicle was taken. The transferor should be particularly careful to determine that the person taking delivery of the vehicle is in fact the person named in the application. The signature of the applicant on the report of delivery should be compared with his signature on the application. 7. Forthwith upon delivery of the vehicle, the applicant must transmit the original of the application (which includes the certificate of transfer and the completed report of delivery) to the district manager who handled the application. SECTION IV.—GOVERNMENT EXEMPTION PERMITS 1. Subject to the conditions specified in section 501.423 of General Order ODT 44, Government exemption permits will be issued by the Office of Defense Transportation to (a) exempt government agencies and (b) private persons lor the purpose of export. 2. Sales agencies should be familiar with the above-mentioned permit, although it is contemplated that relatively few will be presented to them. SECTION V.—RECORDS, AUDITS, REPORTS, AND VIOLATIONS 1. All sales agencies and other persons affected by General Order ODT 44 are required by that order to keep and preserve, for not less than 2 years, accurate and complete records concerning inventories and transfers of new commercial motor vehicles, and to prepare and maintain such other records and make such reports, as the Office of Defense Transfortation may prescribe, subject to the approval of the Bureau of the Budget. Such records are required to be available for examination at all reasonable times by accredited representatives of the Office of Defense Transportation. 2. Any person who violates any provision of General Order ODT 44 or who, by any act or omission, knowingly falsifies an application, certificate, or any record required to be kept by him pursuant to that Order, or who otherwise knowingly furnishes false information to the Office of Defense Transportation or to any of its agents will be subject to the penalties therefor, including a recommendation to the Attorney General for prosecution pursuant to Section 35 (A) of the Criminal Code of the United States (Title 18, U. S. C. Sec. 80). 3. Any person may report a violation of General Order ODT 44 to a district manager, Highway Transport Department, Office of Defense Transportation. SECTION VI—APPEAL PROCEDURE—APPEALS FROM DECISIONS OF DISTRICT MANAGER 1. Disapproval.—If the district manager disapproves the application, the original will be returned to the applicant so marked, accompanied by a letter stating briefly the grounds of disapproval and outlining the appeal procedure. No new application for a vehicle in the same usage may be made until 3 months after the date of disapproval of the original application. 2. Local appeal boards.—A local appeal board will consider appeals from the decisions of the district manager. Each board will consist of three members appointed by the Office of Defense Transportation, no one of whom shall be a district manager oy a member of a district manager’s staff. 3. Grounds for appeal.—Any applicant who is aggrieved by the action of a district manager in disapproving his application for a new commercial motor vehicle and who believes that the decision is in conflict with General Order ODT 44, Administrative Order ODT 27, as amended, or the instructions issued thereunder, may file an appeal from such decision with the local appeal board designated to consider the appeal. 4. Filing of appeal.—(a) An appeal from a decision of a district manager must be filed within 30 days after such decision is made. (&) A person desiring to appeal must file a statement in writing pointing out specifically wherein the decision of the district manager is inconsistent with any of the provisions of General Order ODT 44, Administrative Order ODT 27, as amended, or the instructions issued thereunder, and stating in full the facts upon which his appeal is based. He may submit such additional data and affidavits to the local appeal board as he deems requisite to support his appeal. The appeal and supporting data should be submitted in duplicate, and accompanied by the original of the application. 5. Action on Appeal.—(a) The local appeal board will consider the appeal with or without hearing, at the discretion of the board. If the local appeal board denies the appeal, the original application will be returned to the applicant accompanied by an appropriate notification from the board. No provision is made for a further appeal. If the local appeal board allows the appeal, the application will be forwarded to the Highway Transport Department, Office of Defense Transportation, Washington, D. C., where it will be reviewed. (b) If the local appeal board denies the appeal, the applicant may file a new application at the district office not sooner than 3 months after the date of denial by the local appeal board, (c) Communications in regard to the appeal should be addressed to Local Appeal Board, Office of Defense Transportation, in care of the district manager with whom the original application was filed. T 4 3 SECTION VIL—DISTRICT AND FIELD OFFICES ALABAMA: Birmingham (1), 705 Massey Building. ♦Mobile (3), 520 Federal Building. Montgomery (1), 1216 Bell Building. ARIZONA: Phoenix. 328 Security Building. ARKANSAS: Little Rock, Third floor, Old Post Office Building. CALIFORNIA: Fresno (1), 201 Patterson Building. Los Angeles (15), 207 Western Pacific Building. Sacramento (14), 515 Forum Building. San Diego (1), Room 342, 530 Broadway. San Francisco (3), Room 407, 1355 Market Street. COLORADO: Denver (2), 310 Midland Savings Building. CONNECTICUT: Hartford (4), 119 Ann Street. ♦New Haven (10), 152 Temple Street. DELAWARE: Wilmington (24), U. S. Customs House. DISTRICT OF COLUMBIA: Washington 25, D. C., Barber and Ross Building, Sixth floor. FLORIDA: Jacksonville (1), 311 George Washington Annex. ♦Miami (31), 720 Seybold Building. ♦Tampa, 725 Stovall Professional Building. ♦Field offices. 628868°—45---2 GEORGIA: Atlanta (1), 294^ Peachtree Street NE. Savannah, 4 West Bay Street. IDAHO: Boise, 221 Idaho Building. ILLINOIS: airo Old Post Office Build-. ing. Chicago (4), 209 S. Wells Street, Boom 468. Peoria (2), 1100 Alliance Life Building. ♦Rockford, 708 Rockford Trust Building. Springfield, 301 West Adams Street, Second floor. INDIANA: ♦Evansville (8), Rookery Building. ♦Fort Wayne (2), 116 E. Wayne Street. Indianapolis (4), 1142 North Meridian Street, Room 404. ♦South Bend (3), Tower Building. IOWA: Davenport, 617 Davenport Bank Building. Des Moines (9), 1416 Des Moines Building. ♦Mason City, 303 Forresters Building. Sioux City, Fourth floor, War-nack Building. KANSAS: ♦Topeka, 214 W. 6th Street. Wichita (2), Suite 200, York Rite Building. KENTUCKY: Lexington (15), Security Trust Building. Louisville (2), 151 South Fifth Street. ♦Field offices. LOUISIANA: ♦Baton Rouge (6), 410 Triad Building. New Orleans (12), 1610 Canal Building. Shreveport (94), 609 Ricou-Brewster Building. MAINE: Augusta, 300 Water Street. MARYLAND: Baltimore (2), 500 Liberty Building. MASSACHUSETTS: Boston (10), 185 Devonshire Street. ♦Springfield (3), 196 Worthington. MICHIGAN: ♦Cadillac, 115 South Mitchell Avenue. Detroit (2), Boulevard Building. Grand Rapids (2), 503 Keeler Building. ♦Lansing (7), 127 North Cedar Street. Saginaw, 201 Board of Commerce Building. Escanaba, Third floor, First N ational Bank Building MINNESOTA: Duluth (2), 209 Christie Building. Minneapolis (1), 302 Metropolitan Life Building. MISSISSIPPI: Jackson (2), 301 Macon Building. MISSOURI: ♦Jefferson City, 205 Post Office Federal Building. Kansas City (6). Fidelity Building. ♦Springfield, 810 Woodruff Building. St. Louis (1), 818 Olive Street. MONTANA: ♦Billings, 306 Security Building. Butte, 424 Owsley Building. ♦Field offices. NEBRASKA: North Platte, 601 Jeffers Street. Omaha (2), 311 City National Bank Building. NEVADA: Reno, 106 Lyons Building. NEW HAMPSHIRE: Concord, 12 Park Street. NEW JERSEY: ♦Atlantic City, 600 Professional Arts Building. Camden, Broadway - Stevens Building. Newark (2), 1060 Broad Street. Trenton, 143 East State Street. NEW MEXICO: Albuquerque, 318 Rosenwald Building. NEW YORK: Albany (7), 112 State Street. Binghamton (60F), 64 Henry Street. Buffalo, 1507 Genesee Building. ♦Elmira, Association of Commerce Federation Building. New York (1), 5410 Empire State Building. ♦Rochester (4), 411 Commerce Building, 119 E. Main Street. Syracuse (2), 1016 State Tower Building. ♦Utica (2), 206 First National Bank Building, 187 Genesee Street. NORTH CAROLINA: Charlotte (1), Sixth floor, Charlotte Law Building. Raleigh, Raleigh Building. NORTH DAKOTA: ♦Bismarck, 5 Eltinge Building. ♦Field offices. L 4 NORTH DAKOTA — Continued. Fargo, 304 Universal Building. OHIO: *Canton (2), Commercial Building. Cincinnati (2), 1540 Union Trust Building. Cleveland (13), 3067 New Post Office Building. Columbus (15), 68 E. Gay Street. *Dayton (2), Commercial Building. Toledo (4), United Savings & Loan Building. * Youngstown (3), Union National Bank Building. *Zanesville, Citizens National Bank Building. OKLAHOMA: Oklahoma City (2), 226 Key Building. Tulsa (3), 523 Petroleum Building. OREGON: ♦Portland (5), 1130 American Bank Building. PENNSYLVANIA: Altoona, 201 Pennsylvania Building. Erie, 808 Commerce Building. Harrisburg, 814 Blackstone Build- . inS- Philadelphia (7), 518 Stephen Girard Building. Pittsburgh (22), 620 Fulton Building. ♦Reading, 758 Penn Street. Scranton, Dime Bank Building. Williamsport, Williamsport National Bank Building. RHODE ISLAND: Providence (3), 235 Hospital Trust Building. ♦Field offices. SOUTH CAROLINA: Columbia (23), Palmetto Building. SOUTH DAKOTA: *Pierre, 1011/2 South Pierre Street. Sioux Falls, 303 Policyholders National Building. TENNESSEE: *Knoxville (12), 416 Fidelity Bankers Trust Building. Memphis (1), 81 Madison Building, Room 1506. Nashville (1), 901 Medical Arts Building. TEXAS: *Amarillo, 1008 Fisk Building. * Austin, 418 Scarbrough Building. Dallas (2), 1014 Mercantile Building. ♦El Paso, 519 Caples Building. Fort Worth, 1205 Sinclair Building. Houston (2), 926 Electric Building. Lubbock, 613 Lubbock National Bank Building. San Antonio (6), 1516 Transit Tower. UTAH: Salt Lake City (1), 329 Atlas Building. VERMONT: Montpelier, 79 Main Street. VIRGINIA: ♦Norfolk (10), 60 Haddington Build-/ ing-. Richmond (19), 19 North Seventh Street. Roanoke, 112 West Kirk Avenue, WASHINGTON: Seattle (1), 822 Vance Building. Spokane (8), 224 Hutton Building. ♦Field offices. WEST VIRGINIA: Charleston (1), 203 Atlas Building. ♦Wheeling, 320 Post Office. WISCONSIN: Green Bay, 212 Columbus Building. LaCrosse, Second floor, Exchange Building. ♦Field offices. GENERAL ORDER ODT 44 Part 501—Conservation of Motor Equipment RATIONING OF NEW COMMERCIAL MOTOR VEHICLES General outline. This order regulates the transfer of new commercial motor vehicles within the continental United States and the territories and possessions of the United States. The order provides that no person shall transfer or accept transfer of any new commercial motor vehicle unless such transfer has been authorized by a certificate of transfer issued by the Office of Defense Transportation. Included within the scope of the order are sales, leases, trades, loans, gifts, and other methods by which title or possession of a new commercial motor vehicle is transferred from one person to another. The definition of “new commercial motor vehicle” includes vehicles of the following types: truck, truck chassis, truck-tractors, off-the-highway motor vehicles, full-trailers and semitrailers having a load carrying capacity of 10,000 pounds or more, ambulances, hearses, bus chassis, station wagons, carry-all suburbans, sedan deliveries, utility sedans, coupes fitted with pickup boxes, and cab pickups, but does not include taxicabs and integral type buses. An application for a certificate of transfer is required to be in writing, on a form provided by the Office of Defense Transportation, and submitted to the district office of the Office of Defense Transportation nearest to the home office or principal place of business of the applicant. In the case of a department or agency of the United States, the application is to be submitted direct to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. Provision is made for the issuance of government exemption permits to certain named government agencies and, upon the request of the Foreign Economic Administration, to private persons for the purpose of exporting new commercial motor vehicles. A. certificate of transfer for a new commercial motor vehicle will be issued only for a specific use included within a “Usage Classification List for New Commercial Motor Vehicles” contained in an appendix to the order, and when it appears that the transfer of the new vehicle is necessary to the war effort or to the maintenance of essential civilian economy and that the vehicle will be devoted, without undue delay, to such use or uses in the business of the applicant and within the area as indicated in the application. A certificate of transfer will not be issued unless it is found to be consistent with the available supply of new commercial motor vehicles. WISCONSIN—Con. ♦Madison (3), 1 West Main Street. Milwaukee (1), 5006 Plankinton Arcade Building. ♦Wausau, First American State Bank Building. WYOMING: Casper, Consolidated Royalty Building. ♦Field offices. 5 Manufacturers, distributors, and dealers who acquire new commercial motor vehicles for the purpose of resale and not for use, are not required to have certificates of transfer for such acquisitions, and certain named government agencies are permitted to acquire new commercial motor vehicles under government exemption permits. Special provision is made for the issuance of certificates of transfer and government exemption permits in respect of vehicles (local passenger transportation equipment) subject to General Order ODT 35. (8 F.R. 3451) A manufacturer or sales agency which has in stock a new commercial motor vehicle of the type specified in a certificate or permit is required to transfer such vehicle upon presentation of such certificate of transfer or government exemption permit, provided certain stated conditions are met. Notification to the Office of Defense Transportation of all transfers made pursuant to certificates of transfer or exemption permits is required. The order also provides that a new commercial motor vehicle which has been transferred pursuant to a certificate of transfer, for the purpose of transporting property, shall not, within 6 months after such transfer, be transferred to any other person or converted to any other use than that for which the certificate of transfer was issued, without the written prior approval of the Office of Defense Transportation. An exception to this restriction is made in favor of a transfer of possession of a vehicle for transporting property where possession under the transfer is for a period not m excess of 10 days. Persons affected by the order are required to preserve, for a period of not less than 2 years, records concerning inventories and transfers of new commercial motor vehicles. Such records are to be made available for examination and inspection by accredited representatives of the Office of Defense Transportation. Certificates of transfer and government exemption permits, heretofore issued by the War Production Board pursuant to General Conservation Order M-100, as amended (7 F. R. 1632, 4030, 5705), which by their terms will not expire until a date on or after the effective date of this order, are continued in effect in accordance with their respective terms. This general outline shall not be construed to alter the meaning of any provision contained in the order. The text of General Order ODT 44 follows : Pursuant to the Act of May 31, 1941, as amended by the Second War Powers Act, 1942, Executive Orders 8989, as amended, 9156, 9214 and 9294, War Production Board Directives 21 and 36, and in order to conserve and providently utilize vital transportation equipment, material, and supplies ; and to provide for the prompt and continuous movement of necessary traffic, the attainment of which purposes is essential to the successful prosecution of the war; and being satisfied that the fulfillment of the requirements for the defense of the United States has resulted and will result in a shortage in the supply of new commercial motor vehicles for defense, for private use and for export, and it being deemed necessary in the public interest and to promote the national defense, to ration or allocate new commercial motor vehicles, it is hereby ordered, that : Sec. 501.420 Restrictions on transfers of new commercial motor vehicles. 501.421 Application for certificate of transfer ; place of filing. Sec. 501.422 Certificate of transfer; when issued; period of validity. 501.423 Government exemption permits; exports by private persons. 501.424 Transfer from stock upon presentation of certificate or permit. 501.425 Notification of transfer. 501.426 Subsequent transfers. 501.427 Issuance of certificates and permits for vehicles subject to General Order ODT 35. 501.428 Exemptions. 501.429 Records and reports. 501.430 Unexpired certificate or permit issued by War Production Board. 501.431 Applicability. 501.432 Definitions. 501.433 Communications. Authority: §§501.420 to 501.433, inclusive, issued under the Act of May 31,1941, as amended by the Second War Powers Act, 1942, 56 Stat. 176, 50 U. S. Code, Sec. 631 through 645a; E. O. 8989, as amended, 6 F. R. 6725', 8 F. R. 14183; E. O. 9156, 7 F. R. 3349; E. O. 9214, 7 F. R. 6097; E. O. 9294, 8 F. R. 221; War Production Board Directives 21 and 36, 8 F. R. 5834; 9 F. R. 6989. § 501.420 Restrictions on transfers of new commercial motor vehicles. Except as otherwise provided in this order and irrespective of the terms of any contract of sale or purchase, or of any other commitment, no person shall transfer and no person shall accept transfer of any new commercial motor vehicle, unless such transfer has been authorized by a certificate of transfer issued by the Office of Defense Transportation. § 501.421 Application for certificate of transfer; place of filing, (a) An application for a certificate of transfer shall be made in writing by the person desiring to acquire a new commercial motor vehicle, on the form provided by the Office of Defense Transportation and approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942, and shall contain the information requested therein. Additional data deemed requisite to support the application may be attached thereto. (b) If the applicant is not a department or agency of the United States, the application shall be submitted to the Office of Defense Transportation at the place specified below, unless the applicant is directed to submit the application at another place: (1) An applicant located within the continental United States shall file the application with the district manager of the Office of Defense Transportation whose office is nearest the home office or principal place of business of the applicant. (2) An applicant located in the Territory of-Alaska shall file the application with the Alaskan representative of the Office of Defense Transportation, Fairbanks, Alaska. (3) An applicant located in the Territory of Hawaii shall file the application with the regional director of the Office of Defense Transportation, Honolulu, Hawaii. (4) An applicant located in Puerto Rico shall file the application with the regional director of the Division of Puerto Rican Transport, Office of Defense Transportation, San Juan, Puerto Rico. (5) An applicant located in a territory or possession of the United States other than Alaska, Hawaii or Puerto Rico, shall file the application with the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. (c) If the applicant is a department or agency of the United States, the application shall be submitted 6 direct to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. § 501.422 Certificate of transfer; when issued; period of validity, (a) A certificate of transfer will be issued by the Office of Defense Transportation whenever it appears that the transfer of the new commercial motor vehicle for a specified use included in the Usage Classification List for New Commercial Motor Vehicles, reproduced as Appendix 1 hereto, is necessary to the war effort or to the maintenance of essential civilian economy and that the new commercial motor vehicle will be devoted, without undue delay, to such use or uses in the business of the applicant and within the area as indicated in the application, and that the allocation to the applicant of the new commercial motor vehicle applied for will be consistent with the available supply of such vehicles. (b) A period of validity shall be stated in each certificate of transfer. § 501.423 Government exemption permits; exports by private persons, (a) Upon written request of an exempt government agency, and within the specific quotas established therefor by the War Production Board and to the extent to which vehicles are available, the Office of Defense Transportation will issue government exemption permits to or for the account of such agencies. The written request should be made by the Washington, D. C., office of the exempt government agency (except in the case of the Army Exchange Service, in which case the written request should be made by the New York, N. Y., office) and submitted direct to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. (b) A government exemption permit will be issued to a private person for the purpose of exporting a new commercial motor vehicle from the United States only upon the written request of the Foreign Economic Administration. Any government exemption permit issued under this paragraph (b) shall be within the specific quota established for the Foreign Economic Administration by the War Production Board, shall designate the particular transferor, and shall be issued only when such vehicle is available within the then existing supply of new commercial motor vehicles. The provisions of this paragraph (b) shall not be applicable to vehicles exported to Canada for the account of the Motor Vehicle Controller of Canada. (c) A period of validity shall be stated in each government exemption permit. § 501.424. Transfer from stock upon presentation of certificate or permit. Any manufacturer or sales agency to which a valid certificate of transfer or government exemption permit is presented, and which has in stock a new commercial motor vehicle of the type specified, shall transfer such vehicle to the person named in such certificate of transfer or government exemption permit, irrespective of the terms of any contract of sale or any other commitment, provided the prospective purchaser who presents either of these documents is legally capable of entering into a contract, and tenders in cash or by certified check the maximum price established for the vehicle by the Office of Price Administration, or is prepared to sign the security instruments and possesses the financial qualifications customarily required of a purchaser : Provided, That nothing in this § 501.424 shall be construed as precluding the transfer of a new commercial motor vehicle at less than the maximum price established for the vehicle by the Office of Price Administration. §501.425 Notification of transfer, (a) In each case of a transfer of a new commercial motor vehicle pursuant to a certificate of transfer the transferor and the transferee shall execute a notification of transfer in the form supplied by the Office of Defense Transportation. Such notification shall be filed forthwith with the district manager who handled the application, except that if the applicant is a department or agency of the United States, such notification shall be transmitted direct to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. (b) In each case of a transfer of a new commercial motor vehicle pursuant to a government exemption permit the transferor shall execute a notification of transfer in the form supplied by the Office of Defense Transportation. Such notification shall be transmitted forthwith by the transferor to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. §501.426 Subsequent transfers, (a) A new commercial motor vehicle which has been transferred pursuant to a certificate of transfer, for the purpose of transporting property, shall not, within 6 months after such transfer, be transferred to any other person or converted to any other use than that stated in the application for such certificate of transfer, without the written prior approval of the Office of Defense Transportation. Such prior approval will not be given unless it appears that the vehicle will be devoted, without undue delay, to a use or uses directly related and necessary to the war effort or to the maintenance of essential civilian economy. Applications for such prior approval shall be in writing and submitted to the district manager with whom the original application for such certificate of transfer was filed. The written application shall be signed by the applicant and shall contain a statement of the facts upon which the applicant bases his request for approval. (b) Therestrictionof paragraph (a) of this § 501.426 shall not apply to any transfer of possession of a new commercial motor vehicle (property carrier) under an agreement, oral or written, for the purpose of transporting property in the regular course of business of a person as a motor carrier for hire, or in the furtherance of any commercial enterprise of a person, where possession under such transfer shall not continue under any conditions for a period in excess of 10 days from the date upon which such transfer is first made. § 501.427 Issuance of certificates and permits for vehicles subject to General Order ODT 35. (a) Nothing in this General Order ODT 44, except paragraph (c) of this § 501.427, shall be construed as altering or affecting any provision of General Order ODT 35 (8 F. R. 3451), or as such order may be hereafter amended, revised, or reissued. (b) Where approval by the Office of Defense Transportation of the purchase, lease, requisition, or use of any local passenger transportation equipment, as defined in General Order ODT 35, by any Federal department is required by § 501.303 of General Order ODT 35 or pursuant to the Act of December 1, 1942 (Public Law 779,77th Congress, 56 Stat. 1024 ; 50 U. S. C. App. Supp., 841, 842), and a certificate of transfer or government exemption permit for any such equipment is also I required pursuant to the provisions of this General Order ODT 44, a single application for approval shall be filed pursuant to the provisions of § 501.303 of General Order ODT 35 or the said Act of December 1,1942. If such application is approved by the Office of Defense Transportation, a certificate of transfer or a government exemption permit, as the case may be, will be issued without requiring the submission of a separate application for such certificate of transfer or such government exemption permit. (c) Where approval by the Office of Defense Transportation of the purchase, lease, requisition, or use of any local passenger transportation equipment by any contractor, as defined in General Order ODT 35, is required by § 501.303 of General Order ODT 35, and a certificate of transfer for such equipment is also required by § 501.420 of this General Order ODT 44, a single application shall be filed pursuant to the provisions of § 501.421 of this General Order ODT 44. If such application is approved by the Office of Defense Transportation, a certificate of transfer will be issued without requiring submission of the application for approval of the purchase, lease, requisition, or use of such equipment provided in General Order ODT 35. § 501.428 Exemptions, (a) Any person holding a government exemption permit may acquire by transfer a new commercial motor vehicle without a certificate of transfer. (b) The following persons may acquire by transfer a new commercial motor vehicle without a certificate of transfer, but only for the purpose of resale and not for use: (1) A manufacturer, distributor, or dealer; (2) A person who in good faith lends money on the security of, or finances the sale of, a new commercial motor vehicle; (3) A person distraining upon a new commercial motor vehicle under a writ of attachment, execution or similar form of judicial process, or any person repossessing a new commercial motor vehicle under the terms of a conditional sales contract, mortgage or similar instrument ; (4) A person acquiring title to a new commercial motor vehicle through or under the terms of a will, or by intestacy under any State or Federal law, or through bankruptcy or receivership proceedings. § 501.429 Records and reports. All persons affected by this order shall preserve for not less than 2 years, accurate and complete records concerning inventories and transfers of new commercial motor vehicles, and shall prepare and maintain such other records and make such reports, as the Office of Defense Transportation may prescribe, subject to the approval of the Bureau of the Budget pursuant to the Federal Reports Act of 1942. Such records shall be available for examination and inspection at all reasonable times by accredited representatives of the Office of Defense Transportation. § 501.430 Unexpired certificate or permit issued by "War Production Board. Any certificate of transfer or government exemption permit issued by the War Production Board pursuant to General Conservation Order M-100, as amended (7 F.R. 1632, 4030, 5705), which, according to its terms, will not expire until a date on or after the effective date of this order, is hereby continued in effect in accordance with the terms of such certificate or government exemption permit. § 501.431 Applicability. The provisions of this order shall be applicable within the continental United States, and the territories and possessions of the United States. § 501.432 Definitions. As used herein : (a) “Person” means any individual, partnership, corporation, association, joint-stock company, business trust, or other organized group of persons, or any trustee, receiver, assignee, or personal representative, and includes any department or agency of the United States, any State, the District of Columbia, or any other political, governmental or legal entity. (b) “New commercial motor vehicle” means any light, medium or heavy motor-truck, truck-tractor or trailer, or the chassis therefor, or any chassis on which a bus body is to be mounted, and which : (1) Was manufactured subsequently to July 31,1941 ; and (2) Was designed to be propelled or drawn by mechanical power; and (3) Was designed for use on or off the highways for transportation of property, or persons ; and (4) Was manufactured otherwise than under specifications of the United States Army or United States Navy ; and ( 5 ) Has not been transferred to any person other than a sales agency for the purpose of resale; including vehicles of the following types: trucks, truck chassis, truck-tractors, off-the-highway motor vehicles, fulltrailers and semi-trailers having a load-carrying capacity of 10,000 pounds or more, ambulances, hearses, bus chassis, station wagons, carry-all suburbans, sedan deliveries, utility sedans, coupes fitted with pickup boxes, and cab pickups, but not including taxi cabs and integral type buses. (c) “Manufacturer” means any person who manufactures new commercial motor vehicles. (d) “Dealer” means any person regularly engaged in the business of offering new commercial motor vehicles for sale at retail to the public. (e) “Distributor” means any person other than the manufacturer regularly engaged in the business of selling new commercial motor vehicles to dealers. (f) “Sales agency” means any distributor or dealer, and includes any agency or branch of a manufacturer which sells new commercial motor vehicles : Provided, however, That the terms “manufacturer,” “dealer,” “distributor,” and “sales agency,” as defined in paragraphs (c), (d), (e), and (f) of this § 501.432 do not include manufacturers of bodies or other equipment for mounting on truck chassis produced by other manufacturers. (g) “Transfer” means to sell, lease, trade, lend, give, deliver, ship or physically transfer in any other way which involves the use of the commercial motor vehicle after the transfer by a person other than the transferor ; or to convert to use a commercial motor vehicle held by a manufacturer, distributor or dealer ; or to change the designation of the registered owner. Transfer does not include delivery to a carrier for shipment, nor delivery by a carrier to a consignee ; nor does it include a lease or loan made in good faith by any person other than a dealer, distributor, or other sales agency; nor does it include a technical transfer of title for security purposes to a person financing a conditional sale or similar transaction made simultaneously with the transfer of the vehicle itself to the purchaser. 8 (h) “Certificate of transfer” means a non transferable certificate, in prescribed form, issued by the Office of Defense Transportation, authorizing the transfer of a new commercial motor vehicle. (i) “Exempt government agency” means the United States Army, the United States Navy, the Motor Vehicle Controller of Canada, the United States Maritime Commission, the Panama Canal, the Coast and Geodetic Survey, the Civil Aeronautics Administration, the National Advisory Committee for Aeronautics, or the Office of Scientific Research and Development. (j) “Government exemption permit” means a non-transferable permit, in prescribed form, issued by the Office of Defense Transportation, authorizing the transfer of a new commercial motor vehicle to or for the account of an exempt government agency, or for export. (k) “Transferor” means any manufacturer, dealer, distributor, sales agency or other person who transfers a new commercial motor vehicle. (1) “Transferee” means any person who acquires possession of a new commercial motor vehicle pursuant to a certificate of transfer or government exemption permit. (m) “District” means a district of the Highway Transport Department of the Office of Defense Transportation as described in Administrative Order 0DT6A. (n) “District manager” means the manager of a district, and, in the case of the territories and possessions of the United States, shall include the representatives of the Office of Defense Transportation referred to in § 501.421 of this order. (o) “Continental United States” means the fortyeight States and the District of Columbia. § 501.433 Communications. Communications concerning this order should refer to General Order ODT 44 and should be addressed to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C., or to the nearest district office of the Office of Defense Transportation. This General Order ODT 44 shall become effective July 1,1944. Note : The recording and reporting requirements of this order have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Issued at Washington, D. C., this 24th day of June 1944. J. M. Johnson, Director, Office of Defense Transportation. APPENDIX 1—USAGE CLASSIFICATION LIST FOR NEW COMMERCIAL MOTOR VEHICLES The following classification of new commercial motor vehicles on the basis of use applies to light, medium and heavy trucks, truck-tractors, trailers, and chassis thereof. It will serve as a broad general basis for the preferential allocation of the supply of such new vehicles. The various classes are arranged in the order of their importance from the standpoint of the national war effort. Individual groups within a given class are shown as illustrations of the coverage of the class and do not indicate preference groups within the class. All vehicles are to be classified according to their predominant or principal use into five classes arranged in the order in which preference is to be granted. As a general rule, predominant or principal use means 50 percent or more of the applicant’s operations. The Usage Classification List is as follows : CLASS I Vehicles principally used in connection with military forces (in action or on maneuvers), public health or safety, or with essential channels of communications, such as In connection with military forces in the field (in action or on maneuvers). To maintain public police services ; firefighting services ; services essential to protection of public health and safety, including the regulation of highway traffic and prevention of highway accidents. To construct and maintain mail, telegraph, telephone and organized radio communication services. To furnish and maintain water supply, sewage and garbage disposal and other sanitation services. class n Vehicles principally used directly in connection with the war effort, such as In connection with fixed military and naval posts and establishments. In the transportation of all materials, supplies and equipment of industry and business directly connected with the war effort, including farm, forest and mine products, and food. In service operations connected with the construction, maintenance and supply of essential rail, highway, water, pipe line, and air transportation facilities. In the transportation of material and equipment for the construction of defense housing facilities. In the transportation of material and equipment for the Construction and maintenance of public utilities other than those specified in Class I above. In the transportation of persons engaged in business, industry, etc., directly connected with the war effort. class in Vehicles, principally used in connection with essential functions indirectly connected with the war effort, such as In the transportation of all materials, supplies and equipment of industry and business indirectly connected with the war effort, including farm, forest, and mine products, and food. For the transportation of ice, and fuel for heating and power to the ultimate consumer for personal, family or household use. For the rendering of essential roofing, plumbing, heating, electrical, building and vehicle repair services. For the collection of waste and scrap material other than services performed in connection with Class I. In the transportation of persons in business, industry, etc., indirectly connected with the war effort. In the service of public and private schools and educational institutions. class IV Vehicles used for the transportation of persons or goods, except as above classified, not connected with the war effort, and which are used in the less essential activities. This includes all essential forms of retail delivery, except that of ice and fuel (see Class III). class v Vehicles used in connection with nonessential functions or so-called “luxury” uses and not connected with the war effort. ADMINISTRATIVE ORDER ODT 27 Part 503—Administration rationing of new commercial motor vehicles General outline. This Administrative Order ODT 27 supplements General Order ODT 44, which governs the allocation or rationing of new commercial motor vehicles and which prohibits, with certain exceptions, the transfer of a new commercial motor vehicle except under a certificate of transfer issued by the Office of Defense Transportation. This administrative order establishes the procedure that will be followed upon the 9 filing of an application for a certificate of transfer with the district office of the Office of Defense Transportation nearest to the home office or principal place of business of the applicant. A district manager to whom an application for a certificate of transfer is submitted may, after making such investigation as is necessary, either disapprove the application or forward it to Washington with his recommendation of approval. The standards which govern a district manager in his determination are prescribed. If the district manager disapproves an application, the applicant may appeal to a local appeal board which may either affirm or reverse the district manager’s decision. In case of reversal, the local appeal board will forward the application to Washington with its recommendation of approval. The final decision on each application is made by the Assistant Director of the Office of Defense Transportation in charge of the Highway Transport Department. Limitations upon the filing of a new application after disapproval of an original application are prescribed. This administrative order also prescribes the procedure to be followed by a person who, having acquired a new commercial motor vehicle, pursuant to a certificate of transfer, for the purpose of transporting property, seeks the approval of the Office of Defense Transportation to transfer such vehicle within 6 months after its acquisition. Applications for such approval and appeals in connection therewith are to be handled under the terms of this administrative order in the same general manner as applications for certificates of transfer. This general outline shall not be construed to alter the meaning of any provision contained in the order. The text of Administrative Order ODT 27 follows: Pursuant to the Act of May 31, 1941; as amended by the Second War Powers Act, 1942, Executive Orders 8989, as amended, 9156, 9214 and 9294, and War Production Board Directives 21 and 36, and in order to regulate transfers of new commercial motor vehicles for which prior authority is required by General Order ODT 44, It is hereby ordered, That: Sec. 503.470 Application for certificate of transfer. 503.471 Consideration of application by district manager. 503.472 Appeal from decision of district manager; local appeal boards. 503.473 Issuance of certificate of transfer. 503.474 Filing of new application after disapproval of original application. 503.475 Approval of subsequent transfer; appeals. 503.476 Delegation of authority. 503.477 Definitions. 503.478 Communications. Authority: §§*503.470 to 503.478, inclusive, issued under the Act of May 30, 1941, as amended by the Second War Powers Act, 1942, 56 Stat. 176, 50 U. S. Code, Secs. 631 through 645a; E. O. 8989, as amended, 6 F. R. 6725, 8 F. R. 14183; E. O. 9156, 7 F. R. 3349; E. O. 9214, 7 F. R. 6097; E. O. 9294, 8 F. R. 221; War Production Board Directives 21 and 36, 8 F. R. 5834, 9 F. R. 6989. § 503.470 Application for certificate of transfer. (a) An application for a certificate of transfer shall be made on the form prescribed and provided by the Office of Defense Transportation, except that existing supplies of Form WPB-663 may be used until September 1,1944. (b) An application shall consist of an original and 3 exact copies, including any supporting data; and a separate application must be filed for each vehicle. (c) If the applicant is an individual, the application should be signed by him. If the applicant is a partnership, the names of all partners should be stated and the application should be signed by one partner, If an individual or a partnership does business under a trade name, such trade name should also be stated in the application. If the applicant is a corporation, the exact corporate name should be stated, and the application should be executed by an authorized official of the corporation. § 503.471 Consideration of application by district manager, (a) The district manager to whom an application is submitted may refer the application to another district manager for advice or handling. (b) Upon receipt of an application the district manager without undue delay shall make any necessary investigation and shall either recommend approval of the application or shall disapprove it. If the district manager recommends approval of the application, he shall forward it to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. If the district manager disapproves the application, he shall return to the applicant the original so marked, with a letter stating briefly the grounds of disapproval and outlining the appeal procedure. (c) The district manager shall recommend approval of an application only upon a determination by him that the new commercial motor vehicle will be devoted, without undue delay, to the use or uses directly related and necessary to the war effort or to the maintenance of essential civilian economy, in the business of the applicant and within the area, as indicated in the application. In making a determination under this § 503.471, the district manager shall be governed by the “Usage Classification List for New Commercial Motor Vehicles” as reproduced in Appendix 1 to General Order ODT 44, or as it may be amended from time to time; shall consider the number of available new commercial motor vehicles of the type covered by the application; and shall be assured: (1) That the applicant could not fill its needs by leasing available vehicles of others, by pooling its present vehicles with those of other operators, by purchasing a used vehicle, or by utilizing the services of other operators; and (2) That the applicant could not transfer some of its present vehicles now being used for less essential purposes to the use for which it is now requesting the new vehicle; and (3) That if the new vehicle is to be used for replacement, the vehicle to be replaced is incapable of being repaired to serve the applicant’s purpose. § 503.472 Appeal from decision of district manager; local appeal boards, (a) Local appeal boards shall be established to consider appeals from decisions of district managers, as provided in this order. Each local appeal board will consist of three members appointed by the Office of Defense Transportation, no one of whom shall be a district manager or a member of a district manager’s staff. (b) Local appeal boards heretofore established by the Office of Defense Transportation to hear and determine appeals pursuant to War Production Board General Conservation Order M-100, as amended (7 F. R. 1632, 4030, 5705), are hereby established as local appeal boards under this Administrative Order ODT 27, and are authorized to consider appeals filed pursuant to this order. 10 (c) Any applicant who is aggrieved by the action of a district manager in disapproving an application for a certificate of transfer, or in disapproving an application for approval of a subsequent transfer made under § 503.475 of this order, may file an appeal from such decision with the local appeal board within 30 days after such decision is made. The appeal shall be in writing and shall state in full the facts upon which the appeal is based and the reasons why it is believed that the decision of the district manager is inconsistent with the provisions of this order. The applicant may submit to the local appeal board such additional data as is deemed requisite to support the appeal. The appeal and supporting data should be submitted in duplicate. (d) The local appeal board will consider the appeal with or without hearing in the discretion of the local appeal board. If the local appeal board denies the appeal, the original application will be returned to the applicant accompanied by an appropriate notification from the local appeal board. No further appeal will be allowed. If the local appeal board allows the appeal, the application will be forwarded to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. (e) Communications in regard to an appeal should be addressed to Local Appeal Board, Office of Defense Transportation, in care of the district manager with whom the original application was filed. § 503.473 Issuance of certificate of transfer. A certificate of transfer will be issued by the Assistant Director, Office of Defense Transportation, in charge of the Highway Transport Department when recommended by the district manager or local appeal board in connection with a proper application and if it appears that the allocation of the applicant of the new commercial motor vehicle applied for will be consistent with the provisions of General Order ODT 44, including the available supply of such vehicles; otherwise he will disapprove the application and so notify the applicant. The decision oi the Assistant Director shall be final. § 503.474 Filing of new application after disapproval of original application, (a) After an application for a certificate of transfer has been disapproved by a district manager, the applicant may file a new application for a new commercial motor vehicle for the same usage not earlier than 3 months after the date of the disapproval of the original application by the district manager. (b) If the applicant has appealed to a local appeal board and the appeal has been denied, the applicant may file such new application not earlier than 3 months after the date of the notification of the denial by the local appeal board. (c) If the district manager or local appeal board recommends approval of the application, but it is subsequently disapproved by the Assistant Director, the applicant may file such new application not earlier than 3 months after the date of the disapproval by the Assistant Director. (d) Notwithstanding paragraphs (a), (b), and (c) of this section, an application may be reconsidered by the district manager, the local appeal board, or the Assistant Director, at any time prior to the expiration of such respective 3 months’ periods, provided that additional data are submitted which have substantial bearing on the merits of the application, and a reasonable explanation is given why such additional data were not previously submitted. (e) In construing this section, an application shall be considered as being a new application for a new commercial motor vehicle for the same usage if it appears from an examination thereof that the proposed usage as stated therein is substantially the same as that stated in the original application; a change in the place where the vehicle is to be used or any change or substitution in the make, model, gross vehicle weight, or capacity of the vehicle will not of itself be considered to be a substantial change in usage. § 503.475 Approval of subsequent transfer; appeals. (a) Whenever written application for approval of a subsequent transfer is filed with a district manager pursuant to § 501.426 of General Order ODT 44, the district manager may require the applicant to submit reasonable proof of statements made in support of the application, and may make such investigation as may be reasonably necessary for property disposition of the application. The district manager will approve the application only when it appears that the vehicle sought to be transferred will be devoted, without undue delay, to a use or uses directly related and necessary to the war effort or to the maintenance of essential civilian economy, and upon such showing will issue in the field a written approval of the transfer. In the absence of such showing the district manager shall disapprove the application and so notify the applicant in writing and advise him of the appeal procedure. (b) An appeal from a disapproval of a district manager of an application for approval of a subsequent transfer may be made to a local appeal board as provided in § 503.472 of this order. If the appeal board allows the appeal, the final decision as to whether the subsequent transfer will be approved will be made by the Assistant Director. § 503.476 Delegation of authority. The authority conferred by this administrative order upon the Assistant Director^ Office of Defense Transportation, in charge of the Highway Transport Department, may be delegated by him to such member or members of his staff as he may designate. § 503.477 Definitions. As used herein: (a) “Assistant Director” means the Assistant Director, Office of Defense Transportation, in charge of the Highway Transport Department. (b) Any term that is defined in General Order ODT 44, or as it may be amended, shall have the meaning specified therefor in § 501.432 (Definitions) of General Order ODT 44. § 503.478 Communications. Communications concerning this order should refer to Administrative Order ODT 27, and should be addressed to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C., or to the nearest district office of the Office of Defense Transportation. This Administrative Order ODT 27 shall become effective J uly 1,1944. Note : The recording and reporting requirements of this order have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Issued at Washington, D. C., this 24th day of June 1944. J. M. Johnson, Director, Office of Defense Transportation. 11 ADMINISTRATIVE ORDER ODT 27, AMDT. 1 I Part 503—Administration RATIONING OF NEW COMMERCIAL MOTOR VEHICLES Pursuant to the Act of May 31, 1941, as amended by the Second War Powers Act, 1942, Executive Orders 8989, as amended, 9156,9214 and 9294, and War Production Board Directives 21 and 36. It is hereby ordered, That § 503.473 of Administrative Order ODT 27 (9 F. R. 7092) is hereby amended to read as follows: § 503.473 Issuance of certificate of transfer, (a) Except as otherwise provided, a certificate of transfer will be issued by the Assistant Director, Office of Defense Transportation, in’charge of the Highway Transport Department when recommended by the district manager or local appeal board in connection with a proper application and if it appears that the allocation to the applicant of the new commercial motor vehicle applied for will be consistent with the provisions of General Order ODT 44 (9 F. R. 7089), including the available supply of such vehicles; otherwise he will disapprove the application and so notify the applicant. The decision of the Assistant Director shall be final. (b) (1) Whenever a proper application is made to the regional director, Division of Puerto Rican Transport, Office of Defense Transportation, San Juan, Puerto Rico, for a certificate of transfer in respect of a full trailer or semi-trailer held by any person for sale in Puerto Rico, and it appears that a new truck or trucktractor will not be required by applicant to draw such trailer or semi-trailer, the regional director will issue a certificate of transfer if it further appears that the allocation to the applicant of the new commercial motor vehicle applied for will be consistent with the provisions of General Order ODT 44 (9 F. R. 7089), including the available supply of such vehicles; otherwise, he will disapprove the application and so notify the applicant. Upon written request by the applicant, the disapproval of any such application by the regional director will be reviewed by the Director of the Division of Puerto Rican Transport, who may affirm or reverse the action of the regional director. The decision of the Director shall be final. (2) In any case where it appears in connection with an application made to the regional director, Division of Puerto Rican Transport, for a certificate of transfer in respect of a full trailer or semitrailer held by any person for sale in Puerto Rico that a new truck or trucktractor will be required by the applicant to draw such trailer or semitrailer, the regional director shall either recommend approval of, or shall disapprove, such application (and any application for a new truck or trucktractor filed by the applicant) in accordance with the provisions of § 503.471 of this order; and issuance of certificates of transfer in respect of such vehicles will be subject to paragraph (a) of this section. This Amendment 1 to Administrative Order ODT 27 shall become effective August 22, 1944. (Act of May 30, 1941, as amended by the Second War Powers Act, 1942, 56 Stat. 176,50 App. U. S. Code, Secs. 631 through 645a; E.O. 8989, as amended, 6 F.R. 6725, 8 F.R. 14183; E.O. 9156, 7 F.R. 3349; E.O. 9214, 7 F.R. 6097; E.O. 9294, 8 F.R. 221; War Production Board Directives 21 and 36, 8 F.R. 5834, 9 F.R. 6989) Issued at Washington, D. C., this 22d day of August 1944. J. M. Johnson, Director, Office of Defense Transportation. ADMINISTRATIVE ORDER ODT 27, AMDT. 2 RATIONING OF NEW COMMERCIAL MOTOR VEHICLES Pursuant to the Act of May 31, 1941, as amended by the Second War Powers Act, 1942, Executive Orders 8989, as amended, 9156, 9214 and 9294, and War Production Board Directives 21 and 36. It is hereby ordered, That § 503.471 of Administrative Order ODT 27, as amended (9 F.R. 7092,10268), be, and it hereby is, amended to read as follows: § 503.471 C onsideration of application by district manager, (a) The district manager to whom an application is submitted may refer the application to another district manager for advice or handling. (b) Except as hereinafter provided in paragraph (d) of this section, upon receipt of an application the district manager without undue delay shall make any necessary investigation and shall either recommend approval of the application or shall disapprove it. If the district manager recommends approval of the application, he shall forward it to the Highway Transport Department, Office of Defense Transportation, Washington 25, D. C. If the district manager disapproves the application, he shall return to the applicant the original so marked with a letter stating briefly the grounds of disapproval and outlining the appeal procedure. (c) The district manager shall recommend approval of an application only upon a determination by him that the new commercial motor vehicle will be devoted, without undue delay, to the use or uses directly related and necessary to the war effort or to the maintenance of essential civilian economy, in the business of the applicant and within the area, as indicated in the application. In making a determination under this § 503.471, the district manager shall be governed by the ‘‘Usage Classification List for New Commercial Motor Vehicles” as reproduced in Appendix 1 to General Order ODT 44, or as it may be amended from time to time; shall consider the number of available new commercial motor vehicles of the type covered by the application ; and shall be assured: (1) That the applicant could not fill its needs by leasing available vehicles of others, by pooling its present vehicles with those of other operators, by purchasing a used vehicle, or by utilizing the services of other operators; and (2) That the applicant could not transfer some of its present vehicles now being used for less essential purposes to the use for which it is now requesting the new vehicle; and (3) That if the new* vehicle is to be used for replacement, the vehicle to be replaced is incapable of being repaired to serve the applicant’s purpose. (d) In any case where it appears that the new commercial motor vehicle covered by the application is to be used in connection with an extension or inaugura 12 tion of motor carrier service which requires the prior approval of the Office of Defense Transportation under General Order ODT 3, Revised, as amended, General Order ODT 6A, as amended, or General Order ODT 17, as amended, or which requires the issuance of a new or amended certificate of war necessity under General Order ODT 21A, and such prior approval or new or amended certificate of war necessity has not been obtained by the applicant, the district manager shall defer consideration of the application for a reasonable period. If within a reasonable time, the applicant fails to request such prior approval in accordance with Administrative Order ODT 15, as amended, or fails to apply for such new or amended certificate in accordance with General Order ODT 21A, or, if having made such request, the request has been finally denied, the district manager shall dismiss the application for a certificate of transfer and return the original to the applicant, with a letter stating briefly the reason for the dismissal. The deci sion of the district manager under this paragraph (d) shall not be subject to the provisions of § 503.472 of this order. This Amendment 2 to Administrative Order ODT 27 shall become effective December 27,1944. (Act of May 30, 1941, as amended by the Second War Powers Act, 1942, 56 Stat. 176, 50 App. U. S. Code, Secs. 631 through 645a ; E. O. 8989, as amended, 6 F. R. 6725, 8 F. R. 14183 ; E. O. 9156,7 F. R. 3349 ; E. O. 9214, 7 F. R. 6097; E. O. 9294, 8 F. R. 221; War Production Board Directives 21 and 36, 8 F. R. 5834, 9 F. R. 6989) Issued at Washington, D. C., this 27th day of December 1944. C. D. Young, Deputy Director, Office of Defense Transportation. 13 This form may be reproduced in same size and format. ______. Form approved. UNITED STATES OF AMERICA ’ Budget Bureau No. 05-R153 J Form ODT 663 OFFICE OF- DEFENSE TRANSPORTATION APPLICATION TO ACQUIRE A NEW COMMERCIAL MOTOR VEHICLE (See “Instructions to Applicants“ and Instructions on reverse side of this form) RECORD OF OFFICE OF DEFENSE TRANSPORTATION—APPLICANT SHOULD NOT WRITE IN THESE SPACES District Office No. Application No. City State TT_. __ i Recommended I I Received Usage Approval < ____ Classification | Disapproved | | Forwarded District Manager. 1. Name (Full legal name of applicant} 2. (Trade name, if any} 3. Street and No......................................... Date of application _____________________________________________ 4. ______u................................................. Certificate of War Necessity No.______________________i__________ (City) (State) (County) 5. Applicant is engaged in transportation: 6. Principal commodities transported____________________________ (a) Check one: For hire □ Not for hire □ __________________________________________________________- (b) Check predominant use: Over-the-road □ Local □ ---------------------------------------------------------- 7. Total number of Certificates of Transfer already received by applicant for: Trucks___________________________ Truck-tractors______________-________ Trailers .......................... Busses_________- 8. Applicant requests authority to acquire the new commercial motor vehicle described below: (a) Make___________________________________ (6) Model designation _______________________________ (See Instructions 11.) (c) Check one: Truck □ Truck-tractor □ Full trailer □ Semitrailer □ Bus □ (d) Gross vehicle weight, if truck or truck-tractor__________________pounds. (e) Load-carrying capacity: Trailer__________________pounds (or) ---------------------gallons. Bus----------passengers;. (f) Sizes of tires and number of each size------..-----------------------------1J---------------------------------.-----/ (p) Type body to be mounted on truck or trailer (van, tank, bus, etc.) -------------------------------------------------, 9. Usage classification (check one): Class I □ li □ III □ IV □ V □ (See Instructions 5.) 10. State the proposed place of use and describe in your own words, in detail, the transportation service which will be performed with the vehicle applied for------------------------------------------------------------------------------------------------- 11. This vehicle will be used: Miles a week____________________ Miles a year-------------------- Hours a week--------------- 12. In the following table list the number of motor vehicles, other than passenger automobiles, that are owned or operated by you as of date of application (including vehicle to be replaced, if acquisition contemplates replacement): Trucks Truck-tractors Trailers Busses * Light (a) Medium (&) Heavy (c) Medium (d) Heavy (e) Semi (f) Full (g) JA) Column (a) “light” means less than 9,000 lb. GVW. Columns (b) and (d) “medium” means 9,000 lb. but less than 16,000 lb. GVW. Columns (c) and (e) “heavy” means 16,000 lb. GVW and over. Columns (f) and (g} “semi” and “full” mean trailer of 10,000 lb. load-carrying capacity or over. Column (h) busses with seating capacity of 16 or over. _______________________________________________. 13. Vehicle requested is to be used as (check one) : Replacement □ Additional equipment □ 14. If replacement, state make, model, year, mileage, and general condition of vehicle to be replaced and explain in detail why this vehicle cannot be repaired to serve your purpose------------------------------------------------------------------------------------------- 15. State the disposition to be made of the vehicle replaced----------------------------------------—------------------------------------ CERTIFICATION I understand that all the foregoing statements are representations to the Office of Defense Transportation and that any willfully false statement, in a matter within the jurisdiction of a department or agency of the United States, is a criminal offense and that I may be, subject to criminal penalties for making such false statement. I also understand that Section 35(A) of the Criminal Code (18 U. S. C. 80) provides, upon conviction, for a fine of not more than $10,000, or imprisonment for not more than 10 years, or both. . . # , The undersigned company (applicant) and the official executing this certification on its behalf hereby certify that the information contained'in this application or report is correct and complete to the best of their knowledge and belief. ---------------------------------------r--------------------------By-----------------------------------------------------------------------_ (Name of company (applicant) ) (Signature of authorized official) 10—40578-1 (Title) 14 ACTION OF APPEAL BOARD Appeal received _______________________ Appeal denied.____________________Appeal granted 1.................— ......... (Date) (Date) Approval recommended/ (Date) Secretary, Appeal Board, Action of Office of Defense Transportation, Washington, D, C. Approved---------------------------------------------------------- Disapproved_______________________________ INSTRUCTIONS 1. Four complete copies of this application are required. • 2. This application must be made by the prospective owner or his authorized agent. 3. Applicant must send the original and two Copies to the district manager of the Office of Defense Transportation whose office is nearest the applicant’s principal place of business. 4. A separate application must be submitted for each new commercial motor vehicle desired. 5. Read carefully “Usage Classification List for New Commercial Motor Vehicles” contained in “Instructions to Applicants” before preparing application. 6. GVW (Gross Vehicle Weight) means the combined weight of chassis, cab, body, equipment, and pay load as authorized by the vehicle manufacturer. The same rating should be given a truck-tractor as would be given the vehicle if it were to be used as a truck. 7. Either typewrite or print legibly in ink. 8. Unless all questions are answered completely, the application will be returned without consideration. 9. Where the space provided on this form is insufficient, the answer should be written on a plain sheet of paper and numbered to correspond with the question. Such additional sheets should be securely fastened to this form. 10. If this application is approved in Washington, the Certificate of Transfer below will be executed and returned to you. At such \ time you will be given further instructions as to how to proceed. 11. The make and model designation need be stated only in the case of a school bus chassis (of any GVW) or of a heavy truck or truck-tractor (16,000 pounds GVW, or over, or a tank trailer). A Certificate of Transfer issued for a trailer or for a light or medium truck or truck-tractor (but not a school bus chassis or tank trailer) will be applicable to any make. CERTIFICATE OF TRANSFER lyr (Nontransferrable) Subject to the above Instruction II, transfer of the new commercial motor vehicle described in question 8 to the applicant whose signature appears on the reverse side hereof is hereby authorized for the use or uses ds set forth in this application. This CERTIFICATE OF TRANSFER shall not be valid otter........................................................ REPORT OF DELIVERY Office of Defense Transportation. Washington 25, D. C. The vehicle described below has been delivered by me pursuant to the above 'Certificate of Transfer. (Transferor) (Address) ”” __ , Make______________________________________ Model________________________________________ Delivery acknowledged: Serial No. GVW_______________________________________ (Applicant-transferee) ** •••w—16-40578-2 U. S. GOVERNMENT PRINTING OFFICE: 94S