Common carrier

From Railroad Depot

A common carrier is an organization that transports persons or goods, and offers its services to the general public. In contrast, private carriers do not offer a service to the public, and provide transport on an irregular or ad-hoc basis. Common carriers typically transport persons or goods according to defined routes and schedules. Airlines, railroads, bus lines, cruise ships and freight companies may be common carriers.

It should be mentioned that the carrier only refers to the person (legal or physical) that signs 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 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”.

Although common carriers generally transports people or goods, in the United States the term may also refer to telecommunications providers and public utilities.

[edit] Legal implications

Common carriers are subject to special laws and regulations which differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules than e.g. road carriers or railway carriers. In common law jurisdictions as well as under international law, a common carrier is absolutely liable for goods carried by it, with four exceptions:^[1]

An act of God
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 Hague - Visby rules, escape liability on other grounds than the above mentioned, e.g. a sea carrier is not liable for damages to the goods if the damage is the result of a fire on board the ship or the result of a navigational error committed by the ships master or other crew member.

Carriers typically incorporate further exceptions into a Contract of Carriage, often specifically claiming not to be a common carrier.