N TIO AL RE OVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CARRIERS OF PROPERTY 

BY MOTOR OR HORSE-DRAWN 

VEHICLES INDUSTRY 

AS SUBMITTED ON AUGUST 24, 1933 

REGISTRY No. 1411-2-08 

The Code for the 

Carriers of Property by Motor or Horse-Drawn Vehicles Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

NITED STATES 

GO ER .ME. T PRINTING OFFICE 

WASHIN GTON : 1933 

A I 

For Je by the S operint nde nt o f D ocume n ts, WBBhi ngton, . . - - - - - - - - Price 5 c nt 

CODE OF FAIR COMPETITION OF CARRIERS OF PROPERTY 

Y MOTOR 0 HORSE~DRA WN VEHICLES 

ARTICLE I-DEFINITIO::\'", 

Y r u e 1 in thi ole or any appendix thereto 

th term. h r in, ftor clefine<l ·hall unle ·...; o h rwi e 1 arly indiat cl by th onte. t, hn.Ye th re I ctive meaning set forth in this 

arti l . The c1 finition of any uc 1 term in the sinaular hall apply 

to th tve of, nch term in the pl1ral and vi e ver a. 

~Ec . :.... Th term ·· he inclu try mean. an l include the transportation of property over thoroughfares by means of motor or 

hor -propell l or lra\\n \ehicles, operated for hire or otherwise 

u. fl in c nn c ion with or incidental to any commercial, indu trial, 

r other bu. ine a tivit . .. F. •. :J . Th term "m · mber of the indu trv :' mean and inclu ie. 

any per. on, firm, a ociation, or corporation engaged in •· the 

indu try.'' 

EC. -:~:. The term private operator" as used h erein shall mean 

one who operate. hi O\\n Yehicle · to transport hi own proper y 

an 1 re i ve no pa from other for the use of his vehicles. 

Sr:c .. ). Th term "c perator for hire ' as u. eel h rein . hall menn 

Oll(> w·ho tran port property of others fm: hir . 

EC. . Th term " employee a u ed herein shall inclu le all per-

,'OIL mp]o~·ecl in the c n luct of a business, and e pecially to the 

clri1er of , rehicle if h i th OIYner or part wner th reof. 

'Ec. 7. Tll" term •· ~,.. ational In lustrial Re oYery A t '' mean .-n ·h 

a t a a pproYecl b~~ the President June 16, 1933. · 

SE ·. . Tl1 term .. t 1 ffe ·ti \' lat of th · do ,. 1 H~~~ 1 ten h '· 

aft r th <la on wl i h the ode ·hall h aTe been approved by the 

re. i l nt pur ·uant to th .J: ational In<lu. trial Recov ry Act. 

\.nTL 'LE II-P RP O E OF TilE CoDE 

82 7-33 (1) 
•) 

ARTICLE III- ScoPE 

Thj. Code shall be applicable to all vehicles to the full extent 

permitted by the National Industrial Recovery Act. 

ARTICLE IV-HoURs OF LABoR, RATEs oF PAY, AND OTHER CoNDITIONS 

SECTION 1. Pursuant to subsection (a) of Section 7 of the N ational Industrial Recovery Act, and so long as the Code shall be in 

effect, the Code shall be subject to the following conditions: 

(1) That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference~ restraint, or coercion of employers of 

labor, or their agents, in the de. ignating of such representatives or 

in elf-organization or in other concerted activities for the purpose 

o.f collective bargaining or other mutual aid or protection; 

(2) That no employees and no one seeking employment shall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing ; and 

(3) That employers shall comply with the maximum hour of 

labor, minimum rates of pay, and other conditions of employment, 

approved and prescribed by the President. 

( 4) In accordance with the provision of subsections 1, 2, and 3 

of Section 1 of Article IV, the members of this industry propose 

to continue the open or closed shop policy heretofore followed by 

such member and under which unusually satisfactory and harmonious relation with employees have been maintained. 

( 5) The selection, retention, and advancement of employees will 

be on the basis of merit without regard to their affiliation or nonaffiliation with any labor organization or other organization. 

SEc. 2. On and after the effective date of the Code: 

(1) The maximum hours for drivers and their helpers and dispatchers hall be forty-eight hours in any one week. The hours 

spent by an owner or employees deadheading on a vehicle shall 

not be considered as working hours. (2) In consideration of the difficulties attending the supervision 

of drivers and helpers while en route an l of measuring actual performance, the employer may elect to pay on an hourly basis, or on 

the following ratios of hours to 1niles on intercity or lin haul : 

For a tractor, semitrailer and one extra trailer, 720 miles of travel 

shall be equivalent to 48 hours of labor; for a tractor and semitrailer or for a truck and trailer, 960 miles of travel shall be equivalent to 4 hours of labor ; for a straight truck. 1,060 mile of trayel 

shall be equivalent to 48 hours of labor. ( 3) In further consideration of the special conditions connected 

with thi indu try, the maximum hours of labor may exceed the 

maximum set forth herein for any one week: P1·01.'ided, however, 

That in uch case the aYerage number of hours per week for any 

three months' period shall not exceed the maximum of 48 hour 

per week. 

( 4) Except employees primarily or wholly in managerial, supervisory, or executive capacities who now receive more than $35 per 
3 

mploye on maint nan e and r pair ' ork outside sal men 

r wat hmen billing and rate lerks, station manager or 

"'""'·""'..., on very special case where re triction of hour of l ighly 

kill 1 w rk r would unavoidabl. reduce ser ic , and exc pt driv rs 

and th ir h 11 r proYilel for unl r ub c in (1) (2) an (3) 

f thi ection 2 no office or other employee shall be cau · 1 or 

permitted to work for more than forty hours in any one k and 

n ub criber to the ode shall reduce the hours in any e tabli h111 n or ervice operation to below fifty-two hours in any on w k 

unl uch hour were le s than fif y-two hour per week b fore 

J ul 1, 1933, and in the latter case shall not reduce uch hour at all. 

E . • After the date of the employment of any m mber f th 

industry of any employee, such member shall not knowino·ly permit 

u h emplo ee, who hall have performed work for one or more 

oth r employers, to work for such member such number of hour., 

or their qniY, lent as pr 'icl l in . ub. ection (2) of ection 2 of 

hi Article IV as will result in a violation of the Code had all 

~ u h work been performed for such member. 

E . 4. (1) The provisions of this Article IV regarding maximum 

hours may be adjusted to conform with maximum hours of different 

' m1 etitive forms of transportation agencies which are under the 

HI lTi. ion of tlw nterstate ( ommer e Comn'lis. ion, Public Utility 

Commi i n and/or uch governing regulatory bodie a may e.xi t. 

( 2 The pro vi ions in Article IV as to hours of labor and wao·e 

do not apply to private trucks that come under an individual cod 

\\h r both the maximum hours are not more and the minimum wage 

of tl at Code not less than provided herein. 

E . ,... ~ o membPr of the incln try hall 1-nowino-ly employ in 

or abou~ it h1blishment r op ra tim1 . in the indu tr~r any p r on 

und r o.c1xteen years of uo·e, e_·cept that I er on. between fourt en 

and ixt n y ar. of age ma) be mploye l (but not in manufc cturino- or m chanical 1 ro . ..., ·se ·) , for not to xc eel three hour per 

day and tho:e hour~. behveen 7 .:Jl. and 7 P.l\1:. in uch work a. 

will not interf r 1vith hour. of lay school. 

. rntll chnnc:: cl bY amelH.lm nt to t1 e 0 l 110 memb r of 

th indn. ry . hall pay to· n1 T of the cla. ·se of employe s ubj t 

to th pro1 i.·ion of , · ction :2 f thi. Articl IY'" le . than forty 

cent p r hour unle the hourly rat for th am la of work 

on J 1l, 1'"'. 1 29 wa. l · han forty ent per hour in which latt r 

·a.· no t pa: le .. · than the h url;v rat n Jul. 1 1929 and in 

no v nt l than hirt} nt.· 1 r h ur in th North an tw n yfh- nt · per h ur in the outh. It i agreed that this para raph 

tabli h a o-uarant l minjmum rat of pa r crarcUe f wh th r 

th mpl yee i mr en. atecl on th a i. of a tim rat or on a 

pi · -work 1 rf rman . , 'Ec. 7. Xo m mb r f he jndu.-tr hall u an ubt rfuO'e 

to fru trt e the pirit ancl int nt f thi'· ngr em nt which i among 

oth r thing· to in Tea. m1lo. Tmen b 1 a uni r al ov nant to 

r m v ob. truction. · t n11ner ce and to h rt n hour an l to rai 

wa rr · for th . l rt r w k t a li vin ba i . 
ARTICLE Y- D NJ:<'AIR Pn~\CTICES 

The following shall apply to operator. of vehicles used for the 

tran portation of property : 

SECTION 1. It shall be an unfair trade practice to transport property at les than reasonably compensatory rates and charges except 

for a recognize l charitable organization and it shall further be 

deemed an unfair trade practice for a private operator of a motor 

vehicle, dray, or team who shall not include in his element of cost 

such sums for his own service as woull correspond to the standard 

wage for like service of an employee doing similar things, if such 

things were done by an employee coming within the scope of this 

Code. 

SEc. 2. It shall be unfair trade practice to give secret rebates or 

settlements, to obtain business by the use of commercial bribery, to 

make any discrimination in the charge as between different sh pp~rs 

or consignees of the same commodities, which diffe 'enc is not meas- ured by differences in the costs in perfonnino· . er Tices. 

SEc. 3. Violation by any operator of Ye icles used for the transportation of property of any provi ions of this Corle, or of , ny 

amendments hereto, is hereby declared to be an unfair trade practice. 

AnTICLE YI- PmoR CoNTP.-~CTR 

\Vhere tl e cost of executing contr< cts entered into prior to the 

approval of this Code are increased by the appli ation of this Code 

under the National Industrial Recovery Act, it is equitable and 

promotive of the purposes o:f this \.ct that appropriate adju tments 

of such contracts to reflect increased costs be had. 

ARTICLE VII-Aol\II :riSTRATio.~::r 

For the purpose of administering the provisions of this Code ancl 

of aiding in the administration of the National Industrial Recovery 

Act, the Executive Committee of the Federated Truck Associations 

of America i hereby author' zed and empower cl to r erform any 

fl nctions and exercise any power necessary to carry out the provisions of this Code, to obtain the approval of the same by the 

National Recovery Administration, to receive as appendices to this 

Code and obtain the approval thereof of codes for cla sified or 

regional divisions of the industry, to fix the pro rata share of the 

amounts to be borne by tho e participating in this Code required to 

defray the expenses of the administration of its provisions, an l to 

do any and all things necessary or incidental to the carrying out 

of the provi ions of this Code. 

ARTICLE VIII-GENERAL 

SECTION 1. No provision of this Code shall be interpreted or 

applied in such a manner a to (a) promote monopolies; (b) permit 

or encourage unfair competition; (c) eliminate or oppress small 

enterprises; or (d) discriminate against small enterprises. 

SEo. 2. This Code or any of its provisions may be canceled 

or modified and any approved rule issued thereunder shall be jn-
t h .·t n n ·ary to nform to an ' a tion of the 

a lm ini:traarT 1ng ou 

\.RTI LE I..~: -EFFE TIYE DATE ND TERMINATI N 

'rh prov1 1011 of th C de hall becon e ffe tiv and binclina 

upon all tho e participating in the ode ten day after approval of 

the Code by the Pre ident and hall remain in eff ct until and f r . ixt lay after Title I of the National Industrial R cover Act ·hall hav cea d to be effective either by expiration under it terms 

r b proclamati n of the Pre ident. When so terminated, all obligation and lia ilitie under th Code shall cease, except those for 

unpai 1 lue and a e ment theretofore made in accordance with 

the provi ions of the Code. 

ARTICLE X-AMENDMENTS 

1hi Code may be amended at any time by those participating 

therein in the manner determined by them. 

0 
UNIVER S ITY OF FLO R IDA 

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