employee he may hire to handle mail on the route.

(d) Removals. Contractors, subcontractors, or their employees handling mail or driving a mail vehicle, may with Departmental approval, be removed if the screening process shows they have been convicted of a crime such as embezzlement, robbery, burglary, larceny, perversion or other notoriously immoral acts; have associated with known criminals; or have a record of serious moving traffic violation, unless they have since been rehabilitated and have become responsible citizens.

[30 F.R. 10151, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

Mail messenger service is a local mail transportation service performed by mail messengers designated by the Post Office Department to collect, transport, and transfer mail between post offices, stations, and branches and railroad terminals, steamboats, highway post offices, star routes, truck terminals, airport mail facilities, and stop points in the same or adjacent communities, including collection of mail from collection boxes when so directed by the director, transportation division. It may be used for occasional unscheduled trips of intercity mail or mail equipment transportation over longer distances. When service is principally for scheduled intercity transportation, use star route service. When local service is so extensive that a performance bond is needed to protect the Government's interest, use contract motor vehicle service. Mail messenger service will not be authorized to transport mail consigned between an airport and a post office at which there is Government-owned vehicle service operated by motor vehicle operators when the dis

tance is not more than 35 miles, if it is possible to transport the mail by Government-owned motor vehicles.

[29 F.R. 6538, May 20, 1964. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 522.2 Establishing service.

(a) Authorizing service. (1) When an immediate need for service develops, the postmaster shall apply to the transportation requirements and procurement officer for authority to employ a temporary messenger. Application must show the necessity for service and the lowest rate obtainable.

(2) If the transportation requirements and procurement officer determines that temporary service is justified, he will authorize the postmaster to employ a temporary messenger. No service shall be put into effect until authorized by the transportation requirements and procurement officer.

(3) When the need for service is not immediate it is usually desirable for the transportation requirements and procurement officer to advertise for regular service. He may advertise temporary routes for regular service at any time he considers it desirable.

(4) The postmaster shall furnish the transportation requirements and procurement officer a detailed description of the service required showing for each one-way trip, the origin, loading time, leaving time, average number of pieces handled, distance, destination, arriving time, unloading time, train or trip number connected (if any), and average waiting time (if any) for late train or other carrier.

(5) The director, transportation division, shall require postmasters at fourthclass offices to transport mail between the post office and railroad station or other exchange points without additional pay: Provided:

(i) The exchange point is within onefourth of a mile of the post office. (ii) No motor or horse-drawn vehicle is required.

(iii) Transporting the mail will not cause an unreasonable hardship on the postmaster.

(6) When mail messenger service cannot be obtained at a reasonable rate, the regional operations director may authorize postmasters to assign postal employees to transfer mail between the post

office and exchange points as a part of their regular duties.

(7) If a truck is needed to perform the service, the director, transportation division, shall require the messenger to provide one with fully enclosed body, waterproof, equipped with secure locking devices, such as key or combination locks, and it must be kept locked enroute between exchange points.

(b) Advertising for service. (1) When a regular designation is necessary, the transportation requirements and procurement officer will prepare advertisements and forward them to the postmaster at the post office where service is needed. Advertisements will allow at least 10 days posting from the date of receipt until the closing date for bids.

(2) The postmaster shall post the advertisements in the most conspicuous place in the lobby of the post office and at other points where they can be seen by persons most likely to place bids. He must give the widest publicity possible to all advertisements, without expense to the Postal Service.

(c) Requirements for bidders-(1) Age. Mail messengers must not be under 18 years of age.

(2) Residence. The bidder must either reside on or adjoining the route on which service is to be performed, or file with his bid an agreement that, if designated as mail messenger, he will reside on or adjoining the route.

(3) Reliability. Postmasters and director, transportation division, shall disapprove bidders who:

(i) Are known to have been convicted of a crime as those listed in § 521.3(c) (2) (i) (e) unless he has since been rehabilitated and has become a responsible citi

zen.

(ii) Have traffic records which indiIcate that it would be hazardous to permit them to operate vehicles.

(iii) Are unable to furnish adequate equipment.

(iv) Are aliens.

(4) Eligibility of postal employees. (i) Postal employees and members of their immediate families (persons who are members of the same household or dependent one upon the other for support) may or may not become bidders, messengers, or assistant messenger, or receive compensation for carrying the mail on mail messenger routes as shown in the following chart, subject to conditions in

1 Includes routes originally paying less than $900 increased to over $900.

(ii) Any employee is ineligible if his interest in mail messenger service interferes with his postal duties. Before accepting an employee's proposal or permitting his employment under a mail messenger designation, the transportation requirements and procurement officer must get a statement from the postmaster that the employee's interest in mail messenger service will not interfere with his postal duties.

(iii) Any employee or any member of his immediate family is ineligible if the employee has access to mail messenger files during the period when bids are being received.

(d) Bid procedures-(1) Submitting. Advertisements specify that bids will be submitted to the distribution and traffic manager. Postmasters shall not accept bids except as sealed, postage-paid letters addressed to the distribution and traffic manager. Bids mistakenly mailed to postmasters should be forwarded at once unopened to the distribution and traffic manager. If the amount of any bid becomes known in any way to the postmaster, he must not divulge it to anyone. This type of information may be disclosed only after all bids have been opened, subject to public observation, by the regional bid-opening committee and the information made available, as may be requested, to interested parties.

(2) Returning advertisement. Immediately after the closing date of the

advertisement, the postmaster shall forward the actual posted copy to the distribution and traffic manager, endorsed to show the period of time and place it was posted, accompanied by a statement showing how it was publicized.

(3) Opening and awarding. The proposals shall be opened in the office of the distribution and traffic manager. The lowest acceptable bidder must be designated as the mail messenger if award is made. The right is reserved to reject any or all bids if they are not acceptable, but sufficient information must be shown on the designating order to justify such action.

(e) Designation of messenger. The director, transportation division, shall prepare the mail messenger's notice of designation on Form 5489, "Notice of Designation of Mail Messenger." One copy of Form 5489 will be sent to the postmaster concerned, together with a copy of Form 5498, "Oath of Mail Messenger." Immediately on receipt of his copy, the postmaster must administer the oath and notify the designated messenger to begin service on the date specified in the notice. At the same time, he must inform the retiring messenger of the date he is to be released.

(f) Form 5498 is required of all designated regular and temporary mail messengers. Immediately on their acceptance of the position, the postmaster shall forward the completed Form 5498 to the director, transportation division. Postmaster shall not stock Form 5498.

(g) Employment of assistants. Messengers shall personally supervise the performance of service. They must not assign or sublet the service, but they may employ assistants at their own expense during absence from duty for short periods. The assistants must conform to all requirements stated for the messenger himself. They must be approved by the postmaster in charge of the service.

[26 F.R. 11631, Dec. 6, 1961, as amended at 26 F.R. 12218, Dec. 21, 1962; 28 F.R. 6452, June 22, 1963; 29 F.R. 6538, May 20, 1964; 30 F.R. 10151, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

master affecting the mail messenger service.

(2) When required by the transportation requirements and procurement officer, mail messengers must:

(i) Receive the mail from and deliver it into post offices and to air carriers or airport mail facilities; and receive from and deliver to mail cars and steamboats when such cars or boats are accessible.

(ii) Deliver and receive mail at mail cars even when not accessible to his vehicle, if mail trains arrive at times when no railroad representative is on duty. If the use of hand trucks is necessary, the railroad company shall furnish them. Messengers are not required to load mail across or move hand trucks across live tracks.

(iii) Deliver and receive mail at mail cars not accessible to his vehicle if the mail can be readily handled by hand on one trip, even though a railroad representative is on duty.

(iv) Place mail on cranes, at points where the use of cranes is necessary, if the mail can be readily handled by hand at one trip, even though a railroad representative is on duty.

(v) Deliver to and receive from railroad and steamboat employees at the nearest accessible point when those employees are on duty and the volume of mail is too large to be handled by hand at one trip.

(vi) Make collections from hasp and staple-type collection boxes locked by METRO series padlocks. Postal installations managers will arrange for METRO padlocks and keys to be furnished postmasters at offices where mail messengers are authorized to make collections from collection boxes.

(vii) Perform service in accordance with the schedules of arrivals and departures prescribed by the postmaster. (viii) See § 521.3(e) (6) (iv).

delayed trains, planes, or boats. Messengers may be required to wait 2 hours for delayed carriers unless local conditions are such that the transportation requirements and procurement officer designates a specific waiting time more or less than 2 hours.

(3) Where payment for service is on a trip basis, the postmaster should notify the mail messenger in advance when flights are canceled making service to the airport or heliport unnecessary. The mail messenger must make provision for receipt of notifications by telephone or other direct means of communication. When so notified payment for the trip will not be made.

(c) Changes in service-(1) Extension. The postmaster shall obtain authorization from the transportation requirements and procurement officer before extending the service of a mail messenger beyond the limits stated in the advertisements. The transportation requirements and procurement officer will issue the necessary instructions on Form 5440 C-D-E, "Contract Route Service Order."

(2) Reduction. Observe the following before making any reduction in service:

(i) Postmasters shall report promptly to the transportation requirements and procurement officer when requirements are reduced due to curtailment of RPO service, change of location of post office, railroad station, or airport, etc.

(ii) In the event of service changes, postmasters shall not reduce requirements without appropriate instructions from the transportation requirements and procurement officer.

(iii) The transportation requirements and procurement officer is responsible for negotiating a lower rate, if possible, when service is reduced. He should request assistance from the postmaster or the field services officer in this respect.

(iv) If a reasonable lower rate is obtained, the transportation requirements and procurement officer will restate service and pay on Form 5440 C-D-E.

(v) When a reasonable rate cannot be negotiated, the transportation requirements and procurement officer will readvertise the route.

(2) Record of irregularities. (1) The postmaster shall: (a) Keep an accurate record of all delays, omitted trips, and other irregularities; (b) report omitted trips when certifying payment of Form 2640, "Postmaster Certification of Mail Messenger Service Performed (RS-FI78)"; (c) immediately report each irregularity, including omitted trips, by memorandum to the transportation requirements and procurement officer. Report should show cause and messenger's explanation, if known.

(ii) The transportation requirements and procurement officer must issue a brief against the messenger on Form 5178, "Notification of Irregularity," for each serious irregularity unless the postmaster's report includes satisfactory explanation.

(3) Assessing fines. (i) Messengers shall be allowed a reasonable time to explain irregularities briefed on Form 5178. An unsatisfactory explanation or no reply may become the basis for assessing fines against messengers.

(ii) Distribution and traffic managers or regional operations directors may assess fines against messengers in amounts of $1 or more depending on the gravity of the irregularity.

(iii) Postal Data Centers will deduct fines from payment due messengers, upon receipt of Form 5440-C signed by the director, transportation division, or the Regional Director.

(i)

(4) Investigation of complaints. The transportation requirements and procurement officer will direct investigation of complaints of improper or unsatisfactory service.

(ii) The regional operations director will investigate complaints of irregular handling of advertisements or bids.

[26 F.R. 11632, Dec. 6, 1961, as amended at 27 F.R. 4836, May 23, 1962; 30 F.R. 10152, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 522.4 Protection of mail.

(a) Failure to protect mail. Mail messengers may be held financially liable for loss or damage to mail in their custody. They are also accountable and answerable in fines for failure to:

(1) Carry the mail in a safe and secure

manner.

(2) Guard the pouches and other mail in their custody from theft or damage by water or any other source.

(3) Return and deliver the mail into the post office, notifying the postmaster,

when for any reason he is unable to make proper dispatch of the mail in his custody (for example, a railway post office's failure to catch a pouch from a crane). The mail messenger must not retain mail in his home.

(b) Access to keys. Mail messengers must not have access to rotary, LA, street letter box (other than METRO seriessee § 522.3(a) (2) (vi) or post office workroom keys unless they are also postal employees and require the key or keys in the course of their postal duties.

(c) Transporting passengers. If passengers are transported, mail must be carried in a separate compartment so passengers will not have access to the mail.

[26 F.R. 11633, Dec. 6, 1961, as amended at 30 F.R. 10152, Aug. 14, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 522.5 Termination of service.

(a) For cause. See § 521.3(g) (3) (x) and (xi).

(b) For improper service. Distribution and traffic managers must try to correct irregularities by cooperating with the postmasters in direct action and the imposition of fines. If this fails, the following steps should be taken, as appropriate:

(1) Consideration should be given to terminating the designation and advertising for another messenger.

(2) If necessary to replace the mail messenger immediately, the transportation requirements and procurement officer must authorize the postmaster to employ the temporary service necessary at a rate not exceeding that at which service on the route was authorized.

(3) If temporary service cannot be obtained at the existing rate, the postmaster must ascertain the lowest rate obtainable and report this, with a statement of necessity, to the transportation requirements and procurement officer. If time is a factor, the report may be made by wire.

(c) For changed service conditions. (1) Service may be rendered unnecessary by changed service conditions (such as the discontinuance of a post office, extension of rural or star route service, direct supply by highway post office or railroad, truck service, etc.). A postmaster shall not discontinue the service without appropriate instructions from the transportation requirements and

procurement officer.

(2) The transportation requirements and procurement officer may discontinue the service or require postmasters at fourth-class offices to perform it when he considers such action warranted. (See § 522.2(a) (5).)

(3) The transportation requirements and procurement officer must use Form 5440 C-D-E "Contract Route Service Order" in giving notice of discontinuance of service and elimination of expenditure. He should also indicate the substituted service, if any.

(d) By messenger. (1) If a messenger dies, resigns, or abandons the service for any reason, the postmaster shall immediately report the facts to the transportation requirements and procurement officer for his action. A messenger may resign at any time by giving written notice 45 days in advance. In justifiable cases, the 45-day notice may be waived. If immediate replacement service is necessary, proceed as in paragraph (b) (2) and (3) of this section.

(2) When a messenger is relieved of his contractual obligations due to being called to military service, or is compelled to suspend his services because of illness or other valid reason, the postmaster must ascertain whether he desires to resume his duties when possible. The postmaster must advise him that his designation will be continued with the provision that changing conditions during his absence may necessitate its reduction or termination. If the messenger wishes to continue with this understanding, his regular service and pay may be suspended pending his return. During the interim, the transportation requirements and procurement officer may designate a temporary messenger. When the temporary service can be obtained only at a higher rate, it can be authorized if the rate is considered reasonable. It may be necessary to advertise for temporary service during the emergency.

[26 F.R. 11633, Dec. 6, 1961, as amended at 30 F.R. 10152, Aug. 14, 1965; 30 F.R. 12467 Sept. 30, 1965. Redesignated at 31 F.R. 15351, Dec. 8, 1966]

§ 522.6 Payments.

(a) Certification. (1) Postal data centers will pay messengers at the close of each accounting period after performed service is certified by postmaster or director, transportation division.

(2) Postmasters and installation heads designated to certify performance of mail messenger service shall use Form