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common carrier
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{{Short description|Term in common law legal systems for transporters of goods/people}}{{Admiralty law}}A common carrier in common law countries (corresponding to a public carrier in some civil law systems,Encyclopædia Britannica CD 2000 “Civil-law public carrier” from “carriage of goods” usually called simply a carrier)WEB, Daniel Engber, Louisiana’s Napoleon Complex,www.fcc.gov/general/open-internet, 16 September 2018, Slate Group, 28 August 2016,web.archive.org/web/20160828050332/https://www.fcc.gov/general/open-internet, dead, weblink: 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. is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport.Longman Business English DictionaryWEB, COMMON CARRIER Definition & Legal Meaning, Black’s Law Dictionary, 18 October 2012, 2nd,thelawdictionary.org/common-carrier/, January 24, 2023, A common carrier offers its services to the general public under license or authority provided by a regulatory body, which has usually been granted “ministerial authority” by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier (subject to judicial review) with independence and finality as long as it acts within the bounds of the enabling legislation.
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General
Although common carriers generally transport peopleStokes v. Saltonstall, {{ussc|38|181|1839}}. or goods, in the United States the term may also refer to telecommunications service providers and public utilities.WEB, What is common carrier? {{!, Definition from TechTarget |url=https://www.techtarget.com/whatis/definition/common-carrier |access-date=2023-07-21 |website=WhatIs.com |language=en}} In certain U.S. states, amusement parks that operate roller coasters and comparable rides have been found to be common carriers; a famous example is Disneyland.Gomez v. Superior Court (Walt Disney Co.), 35 Cal. 4th 1125 (2005).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 (legal or physical) that enters into 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 approved in its operating authority, as long as it is the most favorable 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.” When a carrier subcontracts with another provider, such as an independent contractor or a third-party carrier, the common carrier is said to be providing “substituted service.” The same person may hold both common carrier and contract carrier authority. In the case of a rail line in the US, the owner of the property is said to retain a “residual common carrier obligation,” unless otherwise transferred (such as in the case of a commuter rail system, where the authority operating passenger trains may acquire the property but not this obligation from the former owner), and must operate the line if service is terminated. {{citation needed|date=April 2014}}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 horse-drawn vehicles would ply to local towns, taking goods to market or bringing back purchases for the village. If space permitted, passengers could also travel.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.WEB, Grotheer v. Escape Adventures, Inc., 14 Cal.App.5th 1283 {{!, Casetext Search + Citator |url=https://casetext.com/case/grotheer-v-escape-adventures-inc-1 |access-date=2022-08-05 |website=casetext.com}}Telecommunications
In the United States, telecommunications carriers are regulated by the Federal Communications Commission under title II of the Communications Act of 1934.WEB,www.washingtonpost.com/news/the-switch/wp/2015/06/12/net-neutrality-takes-effect-today-heres-how-it-affects-you/, Net neutrality takes effect today. Here’s how it affects you., Brian, Fung, 12 June 2015, 27 March 2018, www.washingtonpost.com, 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 Communications Act of 1934, the FCC classified Internet service providers as common carriers, effective June 12, 2015, for the purpose of enforcing net neutrality. Before that time, the Good Samaritan provision of the Communications Decency Act established immunity from liability for third party content on grounds of libel or slander, and the DMCA established that ISPs that comply with the DMCA would not be liable for the copyright violations of third parties on their network. On December 14, 2017, under a new presidential administration, the FCC reversed its own rules on net neutrality, essentially revoking common carrier status as a requirement for Internet service providers.NEWS,www.washingtonpost.com/news/the-switch/wp/2017/12/14/the-fcc-is-expected-to-repeal-its-net-neutrality-rules-today-in-a-sweeping-act-of-deregulation/, The FCC just voted to repeal its net neutrality rules, in a sweeping act of deregulation, Fung, Brian, 2017-12-14, Washington Post, 2018-06-07, en-US, 0190-8286, The U.S. Senate narrowly passed a non-binding resolution aiming to reverse the FCC’s decision and restore FCC’s net neutrality rules.NEWS,www.washingtonpost.com/news/the-switch/wp/2018/05/16/net-neutrality-is-getting-a-big-vote-in-the-senate-today-heres-what-to-expect/, Senate approves bipartisan resolution to restore FCC net neutrality rules, Fung, Brian, 2018-05-16, Washington Post, 2018-06-07, en-US, 0190-8286,Pipelines
In the United States, many oil, gas and CO2 pipelines are common carriers. The Federal Energy Regulatory Commission (FERC) regulates rates charged and other tariff terms imposed by interstate common carrier pipelines. Intrastate common carrier pipeline tariffs are often regulated by state agencies. The US and many states have delegated the power of eminent domain to common carrier gas pipelines.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 liableLovett v. Hobbs (1680) 89 Eng. Rep. 836. for goods carried by it, with four exceptions:Gregory v Commonwealth Railways Cmr (1941) 66 CLR 50 at 74- An act of nature
- An act of the public enemies
- Fault or fraud by the shipper
- An inherent defect in the goods
See also
{hide}cmn|colwidth=30em|- Federal Communications Commission
- Interstate Commerce Act
- Interstate Commerce Commission
- Motor Carrier Act of 1980
- Multimodal transport
- Network neutrality
- Private carrier
References
{{Reflist|30em}}External links
{{EB1911 poster|Carrier}}- 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
- content above as imported from Wikipedia
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- "common carrier" does not exist on GetWiki (yet)
- time: 8:17am EDT - Wed, May 22 2024
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