Common carrier
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A common carrier in
A common carrier (also called a public carrier in
The term common carrier is a common law term and is seldom used in Continental Europe because it has no exact equivalent in civil-law systems. In Continental Europe, the functional equivalent of a common carrier is referred to as a public carrier[1] or simply as a carrier. However, public carrier in Continental Europe is different from public carrier in British English in which it is a synonym for contract carrier.
This article or section appears to contradict itself on the legal meaning of public carrier in British English.(January 2022) |
General
Although common carriers generally transport people
Regulatory bodies may also grant carriers the authority to operate under contract with their customers instead of under common carrier authority, rates, schedules and rules. These regulated carriers, known as contract carriers, must demonstrate that they are "fit, willing and able" to provide service, according to standards enforced by the regulator. However, contract carriers are specifically not required to demonstrate that they will operate for the "public convenience and necessity." A contract carrier may be authorized to provide service over either fixed routes and schedules, i.e., as regular route carrier or on an ad hoc basis as an irregular route carrier.
It should be mentioned that the carrier refers only to the person (
The person that is physically transporting the goods on a means of transport is referred to as the "actual carrier." When a carrier subcontracts with another provider, such as an
In contrast, private carriers are not licensed to offer a service to the public. Private carriers generally provide transport on an irregular or ad hoc basis for their owners.
Carriers were very common in rural areas prior to motorised transport. Regular services by
Cases have also established limitations to the common carrier designation. In a case concerning a hot air balloon, Grotheer v. Escape Adventures, Inc., the court affirmed a hot air balloon was not a common carrier, holding the key inquiry in determining whether or not a transporter can be classified as a common carrier is whether passengers expect the transportation to be safe because the operator is reasonably capable of controlling the risk of injury.[9]
Telecommunications
In the United States, telecommunications carriers are regulated by the Federal Communications Commission under title II of the Communications Act of 1934.[10]
The Telecommunications Act of 1996 made extensive revisions to the "Title II" provisions regarding common carriers and repealed the judicial 1982 AT&T consent decree (often referred to as the Modification of Final Judgment) that effectuated the breakup of AT&T's Bell System. Further, the Act gives telephone companies the option of providing video programming on a common carrier basis or as a conventional cable television operator. If it chooses the former, the telephone company will face less regulation but will also have to comply with FCC regulations requiring what the Act refers to as "open video systems". The Act generally bars, with certain exceptions including most rural areas, acquisitions by telephone companies of more than a 10 percent interest in cable operators (and vice versa) and joint ventures between telephone companies and cable systems serving the same areas.
Internet Service Providers
Using provisions of the
Pipelines
In the United States, many oil, gas and
Legal implications
Common carriers are subject to special laws and regulations that differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules from road carriers or railway carriers. In common law jurisdictions as well as under international law, a common carrier is absolutely liable[13] for goods carried by it, with four exceptions:[14]
- 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
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. As of 2007, the status of Internet service providers as common carriers and their rights and responsibilities is widely debated (
The term common carrier does not exist in continental Europe but is distinctive to common law systems, particularly law systems in the US.[15]
In
See also
- Federal Communications Commission
- Interstate Commerce Act
- Interstate Commerce Commission
- Motor Carrier Act of 1980
- Multimodal transport
- Network neutrality
- Private carrier
References
- ^ a b c Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods"
- ^ Daniel Engber. "Louisiana's Napoleon Complex". Slate Group. Archived from the original on 28 August 2016. Retrieved 16 September 2018.[1]: Note that Louisiana uses "common carrier" although its law is based on the Spanish and French civil law tradition, a version of the Napoleonic Code.
- ^ a b c Longman Business English Dictionary
- ^ "COMMON CARRIER Definition & Legal Meaning". Black's Law Dictionary (2nd ed.). Retrieved January 24, 2023.
- ^ "Restoring Internet Freedom". fcc.gov. 12 June 2017. Archived from the original on 28 August 2016. Retrieved 27 March 2018.
- ^ Stokes v. Saltonstall, 38 U.S. 181 (1839).
- ^ "What is common carrier? | Definition from TechTarget". WhatIs.com. Retrieved 2023-07-21.
- ^ Gomez v. Superior Court (Walt Disney Co.), 35 Cal. 4th 1125 (2005).
- ^ "Grotheer v. Escape Adventures, Inc., 14 Cal.App.5th 1283 | Casetext Search + Citator". casetext.com. Retrieved 2022-08-05.
- ^ a b Fung, Brian (12 June 2015). "Net neutrality takes effect today. Here's how it affects you". Retrieved 27 March 2018 – via www.washingtonpost.com.
- ISSN 0190-8286. Retrieved 2018-06-07.
- ISSN 0190-8286. Retrieved 2018-06-07.
- ^ Lovett v. Hobbs (1680) 89 Eng. Rep. 836.
- ^ Gregory v Commonwealth Railways Cmr (1941) 66 CLR 50 at 74
- ^ De Witt: Multimodal Transport, LLP 1995, p. 23.
- ^ [1947] A.C. 233; [1947] 1 All E.R. 328
External links
- Cybertelecom Common Carrier
- FCC Wireline Competition Bureau, formerly the Common Carrier Bureau
- Communications Act of 1934 including definition of a Common Carrier, Title II from FCC.gov