COMMON CARRIER

A 'common carrier' is an organization that transports persons or goods, and offers its services to the general public. In contrast, private carriers do not offer a service to the public, and provide transport on an irregular or ad-hoc basis. Common carriers typically transport persons or goods according to defined routes and schedules. Airlines, railroads, bus lines, cruise ships and freight companies may be common carriers.
It should be mentioned that the carrier only refers to the person (legal or physical) that signs a contract of carriage with the shipper. The carrier does not necessarily have to own or even be in the possession of a means of transport. Unless otherwise agreed upon in the contract, the carrier may use whatever means of transport as long as it is the most favourable from the cargo interests’ point of view. The carriers' duty is to get the goods to the agreed destination within the agreed time or within reasonable time.
The person that is physically transporting the goods on a means of transport is referred to as the “actual carrier”.
Although ''common carriers'' generally transport people or goods, in the United States the term may also refer to telecommunications providers and public utilities.

Contents

Legal implications

References

Legal implications

Common carriers are subject to special laws and regulations which differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules than road carriers or railway carriers. In common law jurisdictions as well as under international law, a common carrier is absolutely liable for goods carried by it, with four exceptions:^[1]

★ An act of nature

★ An act of the public enemies

★ Fault or fraud by the shipper

★ An inherent defect in the goods
A sea carrier may also, according to the Hague-Visby Rules, escape liability on other grounds than the above mentioned, e.g. a sea carrier is not liable for damages to the goods if the damage is the result of a fire onboard the ship or the result of a navigational error committed by the ships master or other crewmember.
Carriers typically incorporate further exceptions into a Contract of Carriage, often specifically claiming not to be a common carrier.
An important legal requirement for common carrier as public provider is that it cannot ''discriminate'', that is refuse the service unless there is some compelling reason (e.g post doesn't allow to send cash). As of 2007, the status of telecommunication providers as common carriers and their rights and responsibilities is widely debated (network neutrality).

References

1. Gregory v Commonwealth Railways Cmr (1941) 66 CLR 50 at 74


★ Cybertelecom :: Notes :: Common Carrier

★ FCC Wireline Competition Bureau, formerly the Common Carrier Bureau