Common carriers in common law countries (related to common carriers in civil law systems, commonly referred to as operators ) is a person or company that carries goods or persons to any person or company and who is responsible for the possibility of loss of goods during transport. General operators offer their services to the general public under license or authority provided by the regulatory body. The regulatory body is usually given "ministry authority" by the law that created it. Regulatory bodies may create, interpret, and enforce its rules to the general operator (subject to judicial review) with independence and finalization, as long as it acts within the limits of enabling legislation.
Common carriers are distinguished from contract operators (also called UK public carriers ), who are carriers carrying goods only for a limited number of clients and who can refuse to transport goods to anyone else, and from private carriers. Common carriers refrain from providing services to the general public without discrimination (to meet the needs of judicial quasi-judicial role against impartiality of public interest) for "comfort and public needs." A common carrier should further indicate to the regulator that it is "fitting, willing, and able" to provide services provided by the authorities. General carriers usually transport people or goods according to specified and issued routes, time schedules, and tariff tables after obtaining approval from regulators. Public airlines, railways, bus lines, taxi companies, telephone companies, internet service providers, cruise ships, motor vehicle operators (ie, channel operators, trucking companies), and other freight companies generally operate as general carriers. Under US law, sea freight companies can not act as general carriers.
The term common carrier is a common legal term, rarely used in continental Europe because it does not have the proper equation in the civil law system. On the European continent, the functional equivalent of a common carrier is referred to as a public carrier (or just as a carrier ). However, the public carrier in the European continent is different from public carrier in English English, where it is a synonym for contract operator .
Video Common carrier
General
Although general carriers generally transport people or goods, in the United States this term may also refer to telecommunication service providers and public utilities. In certain U.S. states, amusement parks that operate roller coasters and comparable vehicles have been found as public transport; the famous example is Disneyland.
Regulatory bodies can also give operators the authority to operate under contract with their customers, not under the authority of general carriers, rates, schedules and rules. These regulated carriers, known as contract operators, must demonstrate that they are "fit, willing and able" to provide services, in accordance with the standards imposed by the regulator. However, contract operators are specifically not required to demonstrate that they will operate for "convenience and public needs." Contract operators may be authorized to provide services through fixed routes and schedules, for example, as regular route operators or by ad hoc as irregular route operators.
It should be mentioned that the operator only refers to the person (legal or physical) who entered into the carrier contract with the sender. The carrier must not own or even have any means of transportation. Unless otherwise agreed upon in the contract, the carrier may use any means of transport approved in its operating authority, to the extent most advantageous from the point of view of the interest of the cargo. The operator's job is to get the goods to an agreed destination within an agreed time or within a reasonable time.
People who physically transport goods by means of transportation are referred to as "actual operators." When an operator subcontracts with another provider, such as an independent contractor or a third party operator, the general operator is said to provide "substituted services." The same person may hold the authority of the carrier and the carrier. In the case of rail lines in the US, the property owner is said to retain the "remaining general liability carrier," unless otherwise transferred (as in the case of commuter train systems, where the authority operating the passenger train may acquire the property but not this obligation from the previous owner) and must operate the channel if the service is stopped.
In contrast, private operators are not licensed to offer services to the public. Private operators generally provide irregular or ad hoc transportation for their owners.
Operators are very common in rural areas before motorized transport. Regular service by horse-drawn vehicles will be installed into local towns, taking goods to the market or bringing back purchases for the village. If space is allowed, passengers can also travel.
Maps Common carrier
Telecommunications
In the United States, telecommunications operators are governed by the Federal Communications Commission under the title II of the Communications Act of 1934.
The Telecommunications Act of 1996 made a massive revision of the provisions of "Title II" of the general operator and revoked the AT & amp; judicial 1982 (often referred to as "final judgment modification" or "MFJ") that makes the breaking of AT & amp; T's Bell System. Furthermore, the Act gives telephone companies the option to provide video programs based on common carriers or as conventional cable television operators. If the former chooses, the telephone company will face fewer regulations but must also comply with FCC regulations that require what the Act calls "open video systems". The law generally prohibits, with certain exceptions including most rural areas, acquisitions by telephone companies that have more than 10 percent ownership in cable operators (and vice versa) and joint ventures between telephone companies and cable systems serving the same region.
The FCC classified Internet service providers as common carriers, effective June 12, 2015, for the purpose of enforcing net neutrality. Prior to this period, the Good Samaritan provisions of the Communications Decency Act impose immunity from liability for third party content on grounds of defamation or defamation, and the DMCA stipulates that DMCA compliant ISPs shall not be liable for third-party copyright infringement on their networks.
Pipe Line
In the United States, many oil, gas, and CO 2 pipelines are public transportation. The Federal Energy Regulatory Commission (FERC) regulates tariffs charged and other tariff conditions imposed by public interstate pipelines. Excessive public dealer tariff rates are often regulated by state agencies. The US and many countries have delegated the power of leading domains to a common carrier gas pipeline.
Legal implications
General operators are subject to different laws and regulations depending on the means of transportation used, eg. carriers are often governed by very different rules from road or rail operators. In the jurisdiction of general law and also under international law, the public carrier is really responsible for the goods brought by it, with four exceptions:
- A natural action
- Public enemy action
- Error or fraud by sender
- The defects attached to the item
An ocean carrier may also, according to the Hague-Visby Rules, escape from responsibility on other grounds than those mentioned above, e.g. The carrier shall not be liable for damage to the goods if the damage is the result of a fire on board or the result of a navigation error made by the ship master or other crew member.
Operators typically include a further exemption into the contract of carriage, often specifically claiming not to be a public carrier.
An important legal requirement for a public carrier as a public provider is that it can not discriminate, that refuses service unless there are several compelling reasons. In 2007, the status of Internet service providers as common carriers and their rights and responsibilities were widely debated (network neutrality).
The term common carrier does not exist in the European continent but is typical for the general legal system, especially the legal system in the US.
In Ludditt v Ginger Coote Airways, the Advisory Boards (Lord Macmillan, Lord Wright, Lord Porter and Lord Simonds) who hold the responsibility as a public or general passenger carry only with caution. This is more limited than regular carrier. The complete freedom of the common law passenger to make a contract which he deems appropriate is not limited by Railway and Canal Traffic Act 1854, and specific contracts that enlarge, reduce or exclude his duty to be cautious (for example, by a condition that passengers travel " at own risk to all victims ") can not be pronounced to be unreasonable if the law allows it. There is no provision in the Canadian Transport Act 1938 of article 25 that would invalidate any provision including liability. Grand Trunk Railway Co. of Canada v Robinson [1915] A.C. 740 followed and Peek v North Staffordshire Railway 11 E.R. 1109 differentiated.
See also
References
External links
- Cybertelecom Common Carrier
- FCC Wireline Competition Bureau, formerly the Public Bureau
Source of the article : Wikipedia
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