3-4 Letters of the Carrier (39 CFR 310.3(b))

The sending or carrying of letters is permissible if they are sent by or addressed to the individual carrying them. If the individual actually carrying the letters is not the person sending the letters or to whom the letters are addressed, then such individual must be an officer or employee of such person and the letters must relate to the current business of such person.

The fact that the individual actually carrying the letters may be, for certain purposes, an officer or employee of the person sending the letters or to whom the letters are addressed does not necessarily mean that he or she is an officer or employee for purposes of this exception. The following factors bear on qualifications for the exception:

1. The carrying employee is employed for a substantial time, if not full-time (letters must not be privately carried by casual employees).
2. The carrying employee is a regular salaried employee and shares in all privileges enjoyed by other regular employees (including employees not engaged primarily by the letter-carrying function), including but not limited to salary, annual vacation time, absence allowed for illness, health benefits, worker’s compensation insurance, and retirement benefits.
3. The carrying employee carries no matter for other senders.

Separately incorporated carriers are distinct entities for purposes of this exception, regardless of any subsidiary, ownership, or leasing arrangement. However, when two concerns jointly operate an enterprise with joint employees and share directly in its revenues and expenses, either of the concerns may carry the letters of the joint enterprise.

Examples

• Robin Wilson may carry personal bills and remittances to her creditors and qualify under this exception. However, if Robin also carries the bills and remittances of others, the criterion for this exception is not met.
• Pine Ridge Construction Company hires an individual exclusively for the carriage of its letters. This employee is paid at a lesser rate and does not share in all other privileges of regular salaried employees. Because the employee does not meet the criteria to be considered an officer or employee, the criterion for this exception is not met.