Mail Carriers And The Pull Over Law: Who Wins?

The U.S. Postal Service processes a staggering 292,628 pieces of mail every minute, and federal laws are in place to ensure the safe and timely delivery of this mail. These laws apply to postal employees, and not the vehicles they drive, so mail carriers are not exempt from being pulled over by state police officers. In fact, the U.S. Postal Service Employee Safety Guide states that employees will receive no special privileges or rights as a postal driver.

However, there is no legal system in place to transfer liability from the Postal Service to an employee, which can be an issue when tickets are the result of traffic cameras, and not police stops.

The Postal Service Reorganization Act of 1970

The Postal Reorganization Act of 1970 was a law passed by the United States Congress that abolished the then U.S. Post Office Department, which was a part of the Cabinet, and created the U.S. Postal Service, a corporation-like independent agency with an official monopoly on the delivery of mail in the United States.

The legislation was a direct outcome of the U.S. postal strike of 1970. Prior to the act, postal workers were not permitted by law to engage in collective bargaining. In the act, the four major postal unions (National Association of Letter Carriers, American Postal Workers Union, National Postal Mail Handlers Union, and the National Rural Letter Carriers' Association) won full collective bargaining rights: the right to negotiate on wages, benefits and working conditions, although they still were not allowed the right to strike.

The first paragraph of the act reads:

> The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.

The Postal Reorganization Act (at 39 USC 410(c)(2)) exempts the USPS from Freedom of Information Act (FOIA) disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed".

The Postal Accountability and Enhancement Act of 2006

The Act made significant changes to how the USPS operates and conducts business, providing new flexibility, particularly in competitive pricing for shipping services. It enabled the USPS to respond to dynamic market conditions and changing customer needs for packages.

The PAEA provided a legal definition of "postal service," reorganized the Postal Rate Commission, and compelled the USPS to pay in advance for the health and retirement benefits of its employees for at least 50 years. It also stipulated that the price of postage could not increase faster than the rate of inflation and mandated that the USPS deliver six days a week.

The Act also included provisions related to:

• Modern rate regulation, including an annual limitation on the percentage changes in rates and requirements for public notice and review of rate adjustments.
• Modern service standards, directing the USPS to establish and revise a set of service standards for market-dominant products to enhance the value of postal services and ensure regular and effective access.
• Fair competition, establishing a revolving Postal Service Competitive Products Fund and outlining requirements for the USPS related to federal income tax, anti-competitive rules, and intellectual property.
• The Postal Regulatory Commission, replacing the Postal Rate Commission and providing new authority to administer oaths, examine witnesses, receive evidence, and issue subpoenas.
• Evaluations, requiring various reports to Congress and the President on the operation of amendments made by the Act, universal postal service, and federal and state laws that apply differently to the USPS and private companies providing similar services.
• Postal Service retirement and health benefits funding, relieving the USPS of certain obligations and establishing new mechanisms and schedules for handling surpluses or liabilities.
• Compensation for work injuries, making USPS employees ineligible for compensation for the first three days of temporary disability.
• Miscellaneous provisions, including authorising the USPS to employ police officers, regulating the time limit for appeals related to post office closures, and authorising the USPS to establish bonus programs for its officers and employees.

The Private Express Statutes

The PES consist of 18 U.S.C. §§ 1693–1696 and 39 U.S.C. §§ 601–606, implemented under 39 Code of Federal Regulations Parts 310 and 320. These laws restrict the carriage and delivery of letter mail by private organizations, except in specific cases. Notably, the PES only cover "letters" and not other mailable items such as parcels or periodicals.

Definitions

• Letter: A message directed to a specific person or address, recorded on a tangible object such as paper, recording disks, or magnetic tapes. It excludes objects primarily valuable or useful for purposes other than communication and outsized or rigid objects that cannot be enclosed in standard containers.
• Packet: Two or more letters, identical or different, or two or more packets of letters, under one cover or otherwise bound together.
• Person: An individual, corporation, association, partnership, governmental agency, or other organization or entity.
• Post Routes: Routes on which mail is carried by the USPS, including waterways, railroads, air routes, canals, public roads, and letter-carrier routes.
• Private Carriage: Carriage by anyone other than the USPS, regardless of the meaning under other laws or regulations.

Unlawful Carriage of Letters

It is generally unlawful for any person or entity other than the USPS to send, carry, or assist in the transmission of a letter on a post route. Violations may result in legal consequences, including injunctions, fines, imprisonment, and payment of postage lost.

However, there are specific exceptions to the PES:

• Enclosed and Postage Paid: If a letter is enclosed in a suitable cover, with postage paid, the name and address of the intended recipient, a sealed cover, cancelled stamps, and the date endorsed on the cover.
• Written Agreement with USPS: An agreement with the USPS that ensures payment of postage and includes provisions for review, audit, and inspection.
• Cargo: Letters that accompany and relate to some part of the cargo or the ordering, shipping, or delivering of the cargo.
• Letters of the Carrier: Letters sent by or addressed to the carrier or their officers or employees, relating to the current business of the carrier.
• Private Hands Without Compensation: Sending or carrying letters without monetary or non-monetary compensation, such as goodwill or barter.
• Special Messenger: Use of a special messenger employed for a particular occasion to transmit up to 25 letters on an infrequent basis.
• Carriage Prior or Subsequent to Mailing: Private carriage of letters that enter or exit the mail stream at some point between their origin and destination, without consolidation or separation.

Responsibility of Carriers

Private carriers are responsible for ensuring their activities comply with the PES and must take measures to inform their customers about these regulations. Carriers should refrain from carrying any matter that may violate the PES when indicated by the form of shipment, identity of the sender or recipient, or other accessible information.

Payment of Postage on Violation

Upon discovering unlawful activity, the USPS may require violators to pay an amount not exceeding the total postage that would have been charged if the letters had been carried by the USPS. Refusal to pay may result in civil action by the USPS to collect the amount.

The Mail Fraud Statute

Elements of Mail Fraud

• Scheme to Defraud: This involves devising or intending to devise any scheme or artifice to defraud, obtain money or property, or sell or distribute counterfeit or spurious articles.
• Use of Mail: This element is met when an individual places or causes the placement of any matter or thing to be sent or delivered by the Postal Service or private/commercial interstate carriers as part of executing or attempting to execute the scheme.

Penalties for Mail Fraud

The penalties for mail fraud under the statute include a fine, imprisonment of up to 20 years, or both. However, if the violation occurs in relation to a presidentially declared major disaster or emergency, or if it affects a financial institution, the penalties are enhanced. In such cases, the fine can be up to $1,000,000, and the imprisonment can be up to 30 years.

History and Amendments

• In 1970, the "Post Office Department" was replaced with the "Postal Service."
• In 1994, the fine amount was changed from a specified sum to "fined under this title."
• In 2002, the maximum prison term was increased from five years to 20 years.
• In 2008, provisions were added to address violations related to presidentially declared major disasters or emergencies.

The Obstruction of Mail Statute

• The delay or destruction of mail or newspapers
• The theft or embezzlement of mail by postal workers
• The use of false addresses or mailboxes
• The transportation of people acting as private express carriers
• The obstruction of correspondence
• The destruction of letterboxes or mail
• The injury of mailbags

These laws are designed to protect the integrity and efficiency of the postal service and ensure that mail is delivered in a timely and secure manner. They apply to anyone who interferes with the postal service, including postal workers themselves, as well as members of the public.

Frequently asked questions