Approved Code No. 278-Amendment No.2 Registry No. 1411-61 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

AS APPROVED ON SEPTEMBER 5, 1934 

WI DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ASBINGTON: 19U 

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Approved Code No. 278-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TRUCKING INDUSTRY 

As Approved on September 5, 1934 

ORDER 

APPROVING MoDIFICATIONs OF CoDE OF FAIR CoMPETITION FOR THE 

TRUCKING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of modifications to the Code of Fair Competition for the Trucking Industry and the annexed report on said modifications containing 

findings with respect thereto having been made and directed to the 

President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order 6543-A, dated December 30, 

1933, and otherwise~ do hereby incorporate by reference~ said annexed report and do find that said modifications and the Code 

as constituted after being modified comply in all respects with the 

pertinent provisions and w.ill promote the policy and purposes o:f 

said Title of said Act, and do hereby order that said modifications 

be and they are hereby approved, and that the previous approval 

of said Code is hereby modified to include an approval of sa1d Code 

in its entirety as modified, such approval and such mod,ifications 

to take effect fourteen days from the date hereof, unless good cause 

to the contrary is shown to the Administrator before that tune and 

the Administrator issues a subsequent order to that effect. 

HUGH 8. JOHNSON, 

Adrninistr·ator for Industrial Recovery. 

Approval recommended : 

L. H. PEEBLES, 

Acting Division Administrator. 

'v AsmNGTON, D.c., 

September 5, 1934-. 

84384°----1181-14----34 (1) 
REPORT TO THE PRE IDENT 

Th PRE 'IDE~T, 

The White House. 

IR: Thi. is d. report on nfodifi cation of the Code of Fair Competition for the Trncking Inclu try. The :Modification were submitted by the Cod Authorit} for ·aid Indu try and are to be publi bed coincidental with the approval of the Order. Opportunity 

to fil objection:' i. to be afforded to all intere ted partie . . 

In final f orm the e l\1o lifications ha' been a pproYed b. the In clu trial Advi on Board and the Leo-al Divi ion of th National 

Re over Admini:::tration. These ar the only Board: concerned 

with the e nfodificati.on . 

The Deputy Admini trator in hi final report to me on the l\I odification of aid ode. haYino· found a herein set forth and on the 

ba i of all the proceeding in this matter : 

I find that : 

(a) The :Modifications of said Code and the. Code as modified 

i well de ignecl to promote the policies and purpo' of Title I 

of the Nationa l I ndu trial RecoYery Act includino- the removal of 

ob tructions to he free flow of inter tate and foreign commerce 

which tend to diminish the amount thereof and will provid for the 

general welfare by promotino- the organization of indu try for he 

pnrpo ·e f cooperative action amana the trade group by in h1cing 

and maintaining united action of labor and management under adequate o·ov-ernmental anction. and lp rvi ion, b eliminatino- unfair 

competitive pra ice , by promoting th fulle t po ible utilization 

of th pre en 1 ro luctive capacity of inclu •Tie · by avoidincr undue 

re triction of pro luction (except a may be temporarily required), 

by i11crea ing the ·on umption oi Lllln trial and agricultural prodnet .~ through increa ing purchasing po, -er by reducing and r lieving 

unemployment. by improving standard of labor, nn l b otherwi e 

rehabilitating inclu. try. 

(b) The o 1e a. -11odined com plio in all resper·t -with the p ertinent provi~ion: of . aid Title of sai 1 t, including without limitation Sub. ·cction (a) of ction 3 ub'"'ection (a) of e ion 7 a!ld 

Sub e"tion (b 1 :f .._ction 10 thereof. 

(c) Th cle em1J wer the Code Authority to. pre · nt the nfo_·eai ~Iodification. on behalf of th Indu tr a a whole. 

(d) The _._.Iochfi ation and the Code as modified ~He no le::-ign d 

to , n 1 w·ill not l)E'rmit. monopolie or m napoli ti-. practice . 

(e) Tha ~Io 1in atjon and the Code a'"' modified are not de igned 

to an'l will not liminate or op' ro , · ~mall ent rpris . and will not 

operat to cliscriminate again t them. (f) ho e enga o· cl in an=-- other . -t p of the e anomie proce , are 

to han' full opp0rtun · ty to Le hear J a pro\ided in the Order of 

Approyal. 

For rhe. e r ason...: these ~'fodifi "ation hav-e been approved. 

Re ·pectfullv, 

SEPTE~IDER ' 193-:::. 

(2) 

HuGH . JOHLTS ..._T 

Adr:lini, ·tl'ato?'. 
MODIFICATION OF CODE OF FAIR COMPETITION FOR 

THE TRUCKING INDUSTRY 

JYiodify Article II by striking out Section 15, and changing the 

numberi~1g of the sections following a<X',ordingly. 

:Th1odi:fy the first paraoTaph of Artic)e III, \.., by striking out the 

words" Regional Code Authorities; (3) ",and changing the number 

" ( 4) " to " ( 3 ) " . Modify Article III, A (1) by striking out the first paragraph 

thereof headed " Organization ", and substituting the following: 

The National Code Authority shall consist of one voting member 

from each region. For the purpose of administering the Code, the 

National Code Authority shall divide the United States into re9ions 

consisting of three or m.ore states. The voting members oi the 

National Code Authority shall be electBd by an electoral college 

consisting of four members from_ each region. Members of this 

electoral college shall bB chosen by a 1najority vote of a convention 

of state code authorities in each region, each state area in such 

rBgion voting an equal number of votes. The members of the 

electoral college so chosen from each region shall be, one, a regular 

route common carrier operator; one, a contract operator; one, a 

local cartage operator; and one, an operator from some other 

n atural class of the Industry. 

"The first convention for choice of delegates to the electoral 

college shall be held in each region on call of the National Code 

Authority, which call shall be issued within ninety days after the 

elections provided for in paragraph ( 3) hereof headed ' State Code 

Authority' and such convention shall be subject to rules and regulations prescribed by the National Code Authority and approved 

by the Administrator. 

" The first meeting of the electoral college shall be held on call 

of the National Code Authority and it shall thereafter operate in 

accordance with its own by-laws approved by the Administrator 

and under its own officers." 

M:Qclify the second paragraph of Article III, A ( 1) headed 

"Powers and Duties" by striking out the word "Regional", 

Modify Article III, A (1) (f) by striking out the word "Regional ", _ Modify Article III, A (1) (k) by striking out the word '( Regional", 

Strike out Article III, A (2) headed "Regional Code Anthority" 

and change the numbering of (3) headed "State Code Authority '

1 

and ( 4) headed "Divisional Cod Authorities" accordingly. 

Modify the present paragraph Article III, A (3) headed "State 

Code Authority" by striking out Sub-section (h) and substituting 

the following: 

"The appropriate State Code Authority with respect to filing of 

rates between two or more State Areas, shall be the State Code 

Authorities for each area within whose jurisdiction such rates apply 

with respect to hearings on the sufficiency of a rate or rates to meet 

the cost of the service to be perfor:med. The appropriate State Code 

(3) 
4 

Authority having the power to hold hearings thereon and to suspend 

such rate, after hearing shall be that State Code Au hority within 

whose jurisdiction the service to be performed to which such rate 

applies has its beginning under such rate." . Modify Article III, A (4) (A) headed "Natural Division of 

Industry" by striking out the words "or Regional' in Subsection ( 5) . Modify Article III, C, headed "Temporary Organizations~' by 

striking out the word "Regional'\ 

Modify Article IV, headed "Industrial Relations Boards", by 

striking out the word " Regional ", 

Modify Article V, A, by striking out the words "or Regional" 

from Section 5. 

Modify Article VII by striking out the words " or Regional " from 

Sections 1 and 2 thereof, and by striking out the words " and 

Regional" from Section 3 thereof and inserting in line five of said 

Section 3 between the word "Divisional" and the word "State" the 

word " and ". 

Modify Article VIII, headed "Trade Agreements", by striking 

out the words " Regional or " from the second paragraph thereof, 

and by striking out the following beginning with line three of the 

third paragraph thereof : 

"Trade agreem.ents extending beyond the jurisdiction of a State 

Code Authority shall be submitted to the appropriate Regional Code 

Authority and if extending beyond the jurisdiction of one Regional 

Code Authority, shall be presented to the Code Authority for one 

of the regions involved and shall be dealt with by a joint committre 

of all the regional code authorities within whose jurisdiction such 

group agreement is effective. The Code Authority to which such 

trade agreement is originally presented shall give notice to all other 

regional code authorities in order that such j~int committre may be 

set up. In dealing with such trade agreement, the joint committee 

of all the regions involved shall be vested with the powers of the 

several regional code authorities from which its members are appointed. The proceedings of such inter-regional committee shall 

be conducted according to rules and regulations prescribed by the 

National Code Authority and each Regional Code Authority involved shall be kept fully informed of the activities of the joint 

committee." 

a.nd substituting therefor the following: 

" Trade ag-reements extending beyond the jurisdiction of a state 

code authonty shall be submitted to the code authorities for each 

state within whose jurisdiction such group agreement is effective, and 

if approved shall be dealt with by a joint committee of all the state 

code authorities within whose jurisdiction such group agreement is 

effective. The proceedings of such inter-state conmuttee shall be 

conducted according to rules and regulations prescribed by the N ationa! Code Authority and each state code authority involved shall 

be kept fully informed of the activities of the joint committee." 

Modify Article X, Section 3 by striking out the word "Regional". 

Approved Code No. 278-Amendment No. 2. 

Registry No. 1411-61. 

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