Approved Code No. 278-Amendment No. 1 Registry No. 1411-61 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

AS APPROVED ON MARCH 26, 1934 

,. . 

WE DO OUR PART· 

UNITED STATES 

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WASHINGTON: 1934 

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Approved Code No. 278-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

As Approved on March 26, 1934 

ORDER 

APPR VING EXTENSION OF CERTAIN TIME PROVISIONS AND CLARIFICATION OF THE CooE OF FAIR Co:MPETITION FOR THE TRUCKING INDUSTRY 

vVHEREAS, the Code of Fair Competition for the Trucking Industry provide that said Code shall become effective fifteen (15) 

day after approval by the President, and 

\VHEREA::::;, said Code was approved by the President on the 10th 

day of February, 1934, and 

\\ lIEREAS, under the provisions of said Code in Article VI 

thereof it is required that every member of the Industry shall within 

thirty (30) days after the effective elate of said Code, register his 

name, number and type of vehicle operated and such other information a may be prescribed by the National Code Authority with the 

a pproYal of the Ad mini trator, and 

\,\ HEREAS, Article II defines the Industry and the members 

thereof and 

\VHEREA , Article III, Section 3 of said Code provides that 

an ele tion of State code authorities by the members of the Indu try 

who hav regi tered as required under Article VI of this Code shall 

be held within sixty ( 60) days after the effective date of the Code, 

and 

\VHEREAS, the said Code in its various provisions requires members of the Indn try to comply therewith within specified periods, 

and 

\VHEREA the ational Code Authority for the Trucking Inlu try ha reque ted an exten ion of time with reference to the 

vari ou pro vi ions of the Co le a hove referred to and a clarification 

with re pect to Article II and Article VI thereof, and 

WI-IERE S it a1 pear to me that because of the complexity 

and iz of the Inclu try the reqne t of the ode Authority as 

her in b f re et forth hould be granted 

O\V THEREFORE I Hugh S. John on, Administrator for 

Indu trial Recovery pur uant to authority ve ted in me by Executi e Order of the Presid nt and the Code of Fair Competition for 

49432°--425-lG - 3~ (1) 
2 

the Trucking Industry and otherwise, in order to afford sufficient 

time for compliance with the Code of Fair Competition for the 

Trucking Industry and in order to clarify and amend the provisions 

thereof as recommended by the National Code Authority for said 

Industry, and in order to afford sufficient time for etting up the 

necessary means of registration and administration of the Code for 

this Industry, do hereby order that all periods pecified in aid 

Code within which compliance shall be required and all periods 

within which election. shall be held and the period within which 

members of the Indu try shall register and report are hereby extended o that the commencement of the time with reference thereto 

shall be computed from the date of March 30, 1934, rather than 

the eff ectiYe date of the Code and the following language be added 

to Article II, Section I-B-(1) "such vehicles when al o subjr>ct 

to any other f"'1ocle hall be registered under this Code, by the person 

or other form of enterprise controlling the operation thereof, ,vho 

shall al o furnish report and pay equitabl a e ments under the 

Code ba eel on the co t incident to registration and report , all as 

nrny be approved by the Administrator." 

This order and the above amendment and the approval thereof 

hall take effect on April 5, 1934, unless good cause to the contrary is 

shown to the Admini trator in Room 4217, Conunerce Building, 

before that time and the Administrator issues a subsequent order to 

that effect. 

HUGH s. JOHNSON, 

Ad1ninistrator for lndi1,Strial R ecovery . 

Approval recon1mended: 

SoL A. RosENBLATT, 

Division .ildniinistrator. 

w ASHINGTON, D.C., 

M arcli f6, 1934, 
REPORT TO THE PRESIDENT 

Th PRE !DENT 

1' he lr liite II ouse. 

IR : Thi i a r port on the recommendation made to the Admini trator by th National Code Authority of the Code of Fair Competition for the Trucking Industry for an admini trative order 

grantin o- e:xten ion of certain time provision and clarification of 

certain other pr Yi i n of the Trucking Code. o formal hearing 

wa 1 elcl on ihi ord r, but effected persons are given the right to 

fil prote t ·within ten days of the date of the order. 

The order recommended by the National Code Authority provicles: 

that 

1. all period ., specified in the said code ,Yithin which compliance 

hall be r quired and all periods within which elections shall be 

held and the period within which members of the indu try shall 

reo-ister an l report, are hereby extended so that the commencement 

of the time with reference thereto shall be computed from the date 

of l\Iarch 30, 1934, rather than the effective date of the Code " and 

2. That in clarification of Article II, Section I-B-(1) it shall be 

p cifically stated that all not for hire vehicles being operated subject 

to the terms f other codes of fair competition approved pursuant 

to Title I of the National Industrial Recovery Act shall be regi tered 

according to the provision of the Trucking Code; that the character and the volume of their operations, etc., shall be reported 

according to the provisions of the Trucking Code; and that the 

vehicle hall be subject to an equitable as es ment for the co t of 

registration and reporting with the approval of the Administrator. 

The Deputy Administrator in his final report to me has found 

that 

1. Due to the extensiYe character of the Trucking Indu try and 

the omplex administrative machinery neces ary to effectuate the 

provi. ion of the Trucking Code, con ·iderable difficulty has been 

encountered in putting the neces ary administrative machin ry into 

operation and that it i e ential to extend all periods specified in the 

Trucking Code within whi h compliance shall be required. 

2. That in the neo-otiation leading up to the final approval of the 

Truckino· ode, it was inten led. that the language of Article II, 

ection I-B-( 1) would require all vehicles ( except those own d 

and op rated by farmers) tran porting property over the public 

highway to regi -t r and r port under the Trucking Code. 

I find that: 

1. Th amendm nt to said Code and the aid C de as amended 

are w 11 d ·igned to promote the policies and purpo es of Title I 

of the National Indu trial Recovery Act including the removal of 

ob truction to the free flow of inter tate and foreign commerce 

which t nd to dimini h the amount thereof, and will provide for the 

(3) 
4 

general welfare by promoting the oro-anizatio.n of industry for the 

purpo e of cooperative action among trade groups, by inducing and 

maintaining united action of labor and management und r adequate 

governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of 

the present productive capacity of indu trie , by avoiding undue 

restriction of production, by increasing the consumption of industrial 

and agricultural product · through increa 1ng purchasing power, by 

re lucing and relieving unemployment, by improving tan lard of 

labor, and by otherwise rehabilitating industry. 

2. The Code as amended complies in all re ·pects with the pertinent provi ions of said Title of said Act, including with0l1t limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Sub~ection (b) of Section 10 thereof. 

3. Article II, Section A-1 (j) of the approved Code of Fair Competition for the Trucking Industry empowers the ational Code 

Authority to present the aforesaid amendment on behalf of the 

Industry as a whole. 

4. The amendment and the Code as amended are not designed to 

and will not permit monopolies or monopolistic practices. 

5. The amendment and the Code as amended are not designed to 

and will not eliminate or oppress small enterprises and v,1ill not 

operate to discriminate against them. 

6. Those engaged in other teps of the economic process have not 

been deprived of the right to be heard prior to the approval of said 

amendment. 

For these reasons, this order has been approved. 

Respectfully, 

MARCH 26, 1934. 

Approve 1 Code No. 278.-Amendment No. 1. 

Registry No. 1411-61. 

0 

HUGH S. JOHNSON, 

Aclniinistrator. 
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