Common Carrier Duties
A common carrier is a business or individual that transports goods or people for a fee. They must serve the public, deliver goods and services, charge reasonable rates, and not discriminate. This means they cannot pick and choose which customers to serve, what goods to transport, or how much to charge.
Common carriers are often required by law to provide service to everyone who needs it. For example, all states have regulations that require common carriers such as buses and taxis to transport people with disabilities. The Federal Aviation Administration (FAA) also requires airlines to transport passengers with disabilities.
Common carriers can be held liable if they do not meet their duties. For example, if a bus accident occurs because the driver was speeding, the bus company may be held liable for the damages. If a common carrier discriminates against a customer, that customer may sue for damages.
Typical examples of common carriers include :
- Buses
- Taxis
- Railroads
- Airlines
- Pipeline companies
The Duties of a Common Carrier:
- Transport goods and people for a fee
- Serve the public
- Deliver goods and services
- Charge reasonable rates
- Not discriminate against customers or goods transported
- Can be held liable if they do not meet their duties. For example, if there is an accident involving a bus, the bus company may be held liable for damages caused. If a common carrier discriminates against a customer, that customer may sue for damages.
In California, the elevated duty of care requires that common carriers must “use the highest and utmost care, vigilance, and diligence aimed at providing safe transportation of passengers.”
The Difference Between Private Carriers and Common Carriers:
Private carriers are not typically required to serve the public, deliver goods and services, charge reasonable rates, or not discriminate against customers or goods transported. For example, a trucking company that transports goods for a fee is a private carrier. Private carriers are not held liable if they do not meet their duties, unless there is a contract stating otherwise.
Common carriers must serve everyone who needs it, which is why they are often required by law to provide service to people with disabilities. Common carriers are also held liable for any damages caused if they do not meet their duties. This is why common carriers are often regulated by the government.
Common Carrier Liability:
Common carriers can be held liable if they do not meet their duties. This means the common carrier can be sued for damages caused. For example, if a bus accident occurs because the driver was speeding, the bus company may be held liable for the damages. If a common carrier discriminates against a customer, that customer may sue for damages.
A Common carrier’s liability may be limited to what is stated in a contract. For example, a common carrier may agree to be liable for only a certain amount of damages caused in an accident
Does the Common Carrier Doctrine Apply to Trucking Companies?
The common carrier doctrine applies to trucking companies to a certain extent. Private carriers, such as trucking companies that transport goods for a fee, are not typically required to serve the public, deliver goods and services, charge reasonable rates, or not discriminate against customers or goods transported. However, they have a duty to exercise reasonable care when transporting goods. This means they must take precautions to ensure goods are not damaged during transport. If a trucking company does not meet this duty, they may be held liable for any damages caused.
Warehousing
A common carrier having a depot or warehouse is liable, as is a warehouseman at common law, for the goods deposited with him, and, as between the depositor and the carrier or warehouseman, the title to the goods remains in the former, subject to the right of the carrier or warehouseman to sell them for storage charges, or to reclaim them on due demand.
The carrier or warehouseman is not liable to the public for goods so deposited, but he is answerable to any person who has a right to the goods as against the depositor, and may be sued by him.
International Common Carrier Dutues
A common carrier is known as a public carrier in some some civil law systems. In France, a common carrier is known as a transporteur public. In Germany, a common carrier is known as a öffentlicher Verkehrsdienstleister. A common carrier is typically subject to government regulation in order to ensure they meet their duties to the public. For example, in the United States, common carriers are regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA is responsible for setting safety standards for common carriers, such as buses and trucking companies.
Related Links
Common Carrier
Common carrier
Transportation Code Chapter 5. Duties And Liabilities Of Common Carriers
Carriers legal definition of Carriers
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