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What is COMMON CARRIER? What does COMMON CARRIER mean? COMMON CARRIER meaning & explanation

a common carrier in common law countries

corresponding to a public carrier in

civil law systems usually called simply

a carrier is a person or companies that

transports goods or people for any

person or company and that is

responsible for any possible loss of the

goods during transport a common carrier

offers its services to the general

public under licence or authority

provided by a regulatory body the

regulatory body 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 a common carrier is

distinguished from a contract carrier

also called a public carrier in UK

English which is a carrier that

transports good for only a certain

number of clients and that can refuse to

transport goods for anyone else

and from a private carrier a common

carrier holds itself out to provide

service to the general public without

discrimination to meet the needs of the

regulator's quasi-judicial role of

embarked orde the public's interest for

the public convenience and necessity a

common carrier must further demonstrate

to the regulator that it is fit willing

and able to provide those services for

which it is granted Authority common

carriers typically transport persons or

goods according to defined and published

routes time schedules and rate tables

upon the approval of regulators public

airlines railroads bus lines taxi cab

companies phone companies internet

service providers cruise ships motor

carriers that is canal operating

companies trucking companies and other

freight companies

early operators common carriers under US

law an ocean freight forwarder cannot

act as a common carrier the term common

carrier is a common law term 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 or

simply as a carrier however public

carrier in continental Europe is

different from public carrier in British

English

where it is a synonym for contract

carrier although common carriers

generally transport people or goods in

the United States the term may also

refer to telecommunications service

providers and public utilities in

certain US states amusement parks that

operate roller coasters and comparable

rides have been found to be common

carriers a famous example is Disneyland

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 that is 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 carrier's duty is to

get the goods to be 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 contact

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 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

in the United States telecommunications

carriers are regulated by the Federal

Communications Commission under title 2

of the Communications Act of 1934 the

Telecommunications Act of 1996 made

extensive revisions to the title 2

provisions regarding common carriers and

repealed the judicial 1982 AT&T consent

decree often refer to as the

modification of final judgment or MFJ

that effectuated the breakup of AT&T

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 in

most rural areas acquisitions by

telephone companies of more than a 10%

interest in cable operators and vice

versa and joint ventures between

telephone companies and cable systems

serving the same areas the FCC

classified Internet service providers as

common carriers effective June 12th 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 vodka established the discs that

comply with the Dinka would not be

liable for the copyright violations of

third parties on their network 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 intrest a

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

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