common carrier - Glossary | CSRC (2024)

FAQs

What qualifies as a common carrier? ›

A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public. Typical examples of common carriers include, a shipowner, railroad, airline, taxi service, etc.

A common carrier is a private or public entity that transports goods or people for a fee. Utility companies and telecommunications companies also are considered common carriers. A common carrier, unlike a private carrier, must provide its service to anyone willing to pay its fee, unless it has grounds for refusal.

Although the Communications Act also generally precludes the regulation of cable systems as common carriers, it authorizes the Commission, to require, if it chooses, the filing of informational tariffs for intrastate communications services, other than cable service, which are provided by a cable system.

Definitions: In a telecommunications context, a telecommunications company that holds itself out to the public for hire to provide communications transmission services. Note: In the United States, such companies are usually subject to regulation by federal and state regulatory commissions.

Common carriers provide for-hire truck transportation to the general public. They must file liability (BI&PD) insurance but are not required to file cargo insurance. Contract carriers provide for-hire truck transportation to specific, individual shippers based on contracts.

The term "common carrier" or "carrier" includes any common carrier engaged in interstate communication by wire or radio as defined in section 153 of this title and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(b) and 221(b) of this title.

Final answer: Amateur radio service is not a common carrier because it is not regulated under such a category but used for personal or public service without operating as a business. Common carriers like telegraph, telephone, and cell phone services are provided to the public at large under government regulation.

(i) A common carrier publicly undertakes to carry from place to place the goods of any person who chooses to employ him. A private carrier does not carry regularly from place to place but is an occasional carrier. (ii) A common carrier is bound to carry the goods of any person provided certain conditions are satisfied.

If you see a truck with Walmart or Amazon on the side of it, they are a private carrier because they work for a specific company. They have a duty of reasonable care when transporting freight. They are a common carrier if they exist to serve whoever hires them to transport goods.

Public airlines, railroads, bus lines, taxicab companies, phone companies, internet service providers, cruise ships, motor carriers (i.e., canal operating companies, trucking companies), and other freight companies generally operate as common carriers.

What is the test for determining whether or not one is a common carrier? ›

As all the foregoing indicate, the true test for a common carrier is not the quantity or extent of the business actually transacted, or the number and character of the conveyances used in the activity, but whether the undertaking is a part of the activity engaged in by the carrier that he has held out to the general ...

Common carriers are bound to accept any goods or persons offered for carriage and are strictly liable for lost or damaged goods. The legal position of common carriers was discussed by Palmer J in Stapley v Towing Masters Pty Ltd (trading as Dynamic Towing) [2009] NSWSC 139.

A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry. 2170. A common carrier must not give preference in time, price, or otherwise, to one person over another.

Common carriers, often known as public carriers, transport people or goods and are accountable for any objects that are lost or damaged during shipment. They must also show that they are “fit, willing, and able” to provide the services for which they have been authorized.

Common carriers have four main duties: 1) to accept passengers and goods without discrimination, 2) to seasonably deliver goods or bring passengers to their destination, 3) to deliver goods to the proper person, and 4) to exercise extraordinary diligence in performing their duties.

Key Takeaways. The common carriers' duty is to get the goods to the agreed destination within the agreed time or within a reasonable time. Some common carriers you may be familiar with include UPS and FedEx.

A private carrier does not hold itself out as ready and willing to transport for the public, transports only by special agreement, and is not bound to serve every person who may apply. In contrast, a common carrier is one that holds itself out to the public as ready to carry for anyone who requests its services.