A common carrier in common law countries (corresponding to a public carrier in some civil law systems, usually called simply a carrier ) is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body , which 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.
44-490: The Indian Branch Railway Company was formed in 1862 to build short branch and feeder lines. It received no guarantee but was offered a 20-year subsidy. In the 1850s, it secured a guaranteed return. In 1863, it built the 4 ft ( 1,219 mm ) wide narrow gauge railway line between Azimganj and Nalhati. The Azimgan–Nalhati line was taken over by the Government in 1872, as Nalhati State Railway. In 1867, it opened
88-588: A 10 percent interest in cable operators (and vice versa) and joint ventures between telephone companies and cable systems serving the same areas. Using provisions of the Communications Act of 1934 , the FCC classified Internet service providers as common carriers, effective June 12, 2015, for the purpose of enforcing net neutrality . Led by the Trump administration's appointed commissioner Ajit Pai , on December 14, 2017
132-408: A common carrier. An important legal requirement for common carrier as public provider is that it cannot discriminate, that is refuse the service unless there is some compelling reason. As of 2007, the status of Internet service providers as common carriers and their rights and responsibilities is widely debated ( network neutrality ). The term common carrier does not exist in continental Europe but
176-510: A common sight along railroads in industrial and rural cities alike. As automobile and roadway technology improved throughout the early and mid-20th century, most low volume industry spurs were abandoned in favor of the greater flexibility and economic savings of trucking. Today, railroads remain the most economical way to ship large quantities of material, a fact that is reflected in industrial spurs. Most modern day spurs serve very large industries that require hundreds, if not thousands, of carloads
220-421: 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 carriers' duty is to get the goods to the agreed destination within
264-464: A mainline, they tend to have lower maintenance and signaling (train control) standards. Before the rise of the long-distance trucking in the early 1930s, railroads were the primary means of transportation around the world. Industries of the era were commonly built along railroad lines specifically to allow for easy access to shipping. Short (under a mile, oftentimes only several hundred yards) industrial spurs with very small (under ten car) capacities were
308-786: A section of the West Rail line . Discontinued services include the Sha Tau Kok Railway and the Wo Hop Shek Branch . A spur line to Siu Sai Wan has been proposed. Delhi On the Delhi Metro , the Blue Line has a Branch Line with 8 Stations, linking Yamuna Bank to Ghaziabad via Anand Vihar ISBT and terminating at Vaishali. The first section of the Branch opened on 8 January 2010 with Anand Vihar as its terminal with six stations. It
352-427: 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. Cases have also established limitations to
396-523: A subsidy for grain transport, and instead allowed railways to absorb branch line subsidies freely without making effort to improve the profitability of the lines. The term "grain-dependent branch lines" began being used as early as 1978 to refer to the special case of these branch lines in agricultural areas whose viability depended on the economics of grain transport. The Western Grain Transportation Act of 1983 addressed this case specifically, but
440-461: A year. There is an international branch line between Italy and Vatican: the 300-metre Vatican Railway , connecting from the Pisa-Rome railway mainline at Roma San Pietro railway station , to Vatican City station . Many British railway branch lines were closed as a result of the " Beeching cuts " in the 1960s, although some have been re-opened as heritage railways . The smallest branch line that
484-591: Is a common law term and is 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 in which it is a synonym for contract carrier. Although common carriers generally transport people or goods , in
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#1733084600651528-569: Is a secondary railway line which branches off a more important through route, usually a main line . A very short branch line may be called a spur line . Branch lines may serve one or more industries, or a city or town not located on a main line. Branch lines may also connect two or more main lines. An industrial spur is a type of secondary track used by railroads to allow customers at a location to load and unload railcars without interfering with other railroad operations. Industrial spurs can vary greatly in length and railcar capacity depending on
572-553: Is distinctive to common law systems, particularly law systems in the US. In Ludditt v Ginger Coote Airways the Privy Council (Lord Macmillan, Lord Wright, Lord Porter and Lord Simonds) held the liability of a public or common carrier of passengers is only to carry with due care. This is more limited than that of a common carrier of goods. The complete freedom of a carrier of passengers at common law to make such contracts as he thinks fit
616-552: Is still in operation in the UK is the Stourbridge Town Branch Line from Stourbridge Junction going to Stourbridge Town . Operating on a single track, the journey is 0.8 miles (1.3 kilometres) long and the train takes around two and a half minutes to complete its journey. In North America, little-used branch lines are often sold by large railroads to become new common carrier short-line railroads of their own. Throughout
660-511: The 1,000 mm ( 3 ft 3 + 3 ⁄ 8 in ) wide metre gauge Kanpur–Lucknow branch line. It established a railway workshop at Alambagh in 1865 and another at Charbagh in 1867. Around 1872, it was merged into Oudh and Rohilkhand Railway . Oudh and Rohilkhand Railway was subsequently merged with East Indian Railway Company in 1925. The railway lines were converted to 1,676 mm ( 5 ft 6 in ) broad gauge in 2017. Branch line A branch line
704-529: The Bay of Plenty Region , lines were built inland to provide rail access to large logging operations. Today, many of the branch lines have been closed, including almost all of the general-purpose country lines. Those that remain serve ports or industries far from main lines such as coal mines, logging operations, large dairying factories, and steelworks . In Auckland and Wellington , two branch lines in each city exist solely for commuter passenger trains. For more, see
748-717: The Gladstone Branch in New Jersey; as well as the New Canaan Branch , Danbury Branch , and Waterbury Branch in Connecticut . The Long Island Rail Road also refers to its services as "branches". In Chile, there are a lot of branch lines on its main line, of only a few remain operational. Most only operating in turistic services (like the Antilhue-Valdivia branch line), others have been taken over by other railways (like
792-1013: The Grand Trunk , Canadian National , or Canadian Pacific ) which would acquire formerly independent short line railways for use as branch lines, with the short line often continuing to exist as a subsidiary. For example, when the Canadian Pacific acquired the Algoma Eastern Railway (a short line) in 1930, it soon after abandoned much of the Algoma Eastern mainline, but retained sections close to Algoma Eastern–Canadian Pacific junctions as short branch lines or spurs. The National Transportation Act of 1967 provided government subsidies for branch lines. Western railway development in Canada worked in concert with land settlement and cultivation, as pioneers were settled near railway lines, often on land
836-468: 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 ship's master or other crewmember. Carriers typically incorporate further exceptions into a contract of carriage , often specifically claiming not to be
880-761: The North South Line between Jurong East and Choa Chu Kang stations was operated as a separate line, known as the Branch line . It was merged into the North–South Line with the opening of the Woodlands Extension in 1996. The future Jurong Region Line and Cross Island Line will also have branch lines. New Zealand once had a very extensive network of branch lines, especially in the South Island regions of Canterbury , Otago , and Southland . Many were built in
924-672: The South Tseung Kwan O Spur Line to LOHAS Park station , opened in 2009. Earlier, a spur line was built in 1985 on the East Rail line to serve Racecourse station , bypassing Fo Tan station . Also, the Tsim Sha Tsui Extension [ yue ] was built in 2004 on the East Rail line to serve East Tsim Sha Tsui station . However, after the Kowloon Southern Link was completed in 2009, this spur line turns into
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#1733084600651968-482: The general public without discrimination (to meet the needs of the regulator's quasi-judicial role of impartiality toward 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
1012-457: The list of New Zealand railway lines . Common carrier A common carrier (also called a public carrier in British English ) is distinguished from a contract carrier, which is a carrier that transports goods 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
1056-455: The FCC reversed its rules on net neutrality, effectively revoking common carrier status as a requirement for Internet service providers. Following this, in 2018 the U.S. Senate narrowly passed a non-binding resolution aiming to reverse the FCC's decision and restore FCC's net neutrality rules. On 25 April 2024, the FCC voted 3–2 to reinstate net neutrality in the United States by reclassifying
1100-714: The Internet under Title II. However, legal challenges filed by ISPs resulted in an appeals court order that stays the net neutrality rules until the court makes a final ruling, with the court opining that the ISPs are likely to prevail over the FCC on the merits. In the United States, many oil, gas and CO 2 pipelines are common carriers. The Federal Energy Regulatory Commission (FERC) regulates rates charged and other tariff terms imposed by interstate common carrier pipelines. Intrastate common carrier pipeline tariffs are often regulated by state agencies. The US and many states have delegated
1144-666: The San Rosendo-Talcahuano branch line, which has been taken over by Biotrén and the Laja-Talcahuano train service) however, there is one branch line that still remains as fully operative. The Talca-Constitución branch line, which uses trains with bus motors. Two extensions to the MTR rapid transit network were built as branches of existing lines: the Lok Ma Chau Spur Line to Lok Ma Chau station , which opened in 2007; and
1188-543: The U.S. state of New Jersey . The line is a short branch of the Northeast Corridor Line , running from Princeton Junction northwest to Princeton with no intermediate stops. Also known as the "Dinky Line", at 2.9 mi (4.7 km) it is the shortest scheduled commuter rail line in the United States. The run takes 4 minutes, 47 seconds. Other than the Princeton Line, other surviving branch lines include
1232-469: The United States and Canada, branch lines link smaller towns too distant from the main line to be served efficiently, or to serve a certain industrial site such as a power station either because of a location away from the main line or to reduce congestion. They were typically built to lower standards, using lighter rail and shallow roadbeds when compared to main lines. Much of Canada's branch line history relates to large rail transport conglomerates (such as
1276-618: The United States the term may also refer to telecommunications service providers and public utilities . In certain U.S. 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
1320-538: The United States, telecommunications carriers are regulated by the Federal Communications Commission under title II of the Communications Act of 1934 . The Telecommunications Act of 1996 made extensive revisions to the "Title II" provisions regarding common carriers and repealed the judicial 1982 AT&T consent decree (often referred to as the Modification of Final Judgment ) that effectuated
1364-421: 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 contract carrier authority. In
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1408-406: The approval of regulators. 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. Under US law, an ocean freight forwarder cannot act as a common carrier. The term common carrier
1452-552: The breakup of AT&T's 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 including most rural areas, acquisitions by telephone companies of more than
1496-435: 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
1540-424: The common carrier designation. In a case concerning a hot air balloon , Grotheer v. Escape Adventures, Inc. , the court affirmed a hot air balloon was not a common carrier, holding the key inquiry in determining whether or not a transporter can be classified as a common carrier is whether passengers expect the transportation to be safe because the operator is reasonably capable of controlling the risk of injury. In
1584-552: The first president of the Canadian National Railway , said that although most branch lines cannot pay for themselves, they are even essential to make main lines pay. In the United States, abandonment of unproductive branch lines was a byproduct of deregulation of the rail industry through the Staggers Act . The Princeton Branch is a commuter rail line and service owned and operated by New Jersey Transit (NJT) in
1628-534: The late 19th century to open up inland regions for farming and other economic activities. The branches in the South Island regions were often general-purpose lines that carried predominantly agricultural traffic, but lines elsewhere were often built to serve a specific resource: on the West Coast , an extensive network of branch lines was built in rugged terrain to serve coal mines, while in the central North Island and
1672-472: The power of eminent domain to common carrier gas pipelines. Common carriers are subject to special laws and regulations that differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules from 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: A sea carrier may also, according to
1716-556: The railways had owned. However, by the mid-20th century, railways began neglecting lines in western agricultural regions. This was historically driven by factors such as the Crow Rate , which regulated the price railways could charge for shipping grain. Railways had little incentive to invest in rural Prairie branch lines, but were legally unable to abandon them under the National Transportation Act , which also did not provide
1760-444: 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, i.e., 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
1804-507: The requirements of the customer the spur is serving. In heavily industrialized areas, it is not uncommon for one industrial spur to have multiple sidings to several different customers. Typically, spurs are serviced by local trains responsible for collecting small numbers of railcars and delivering them to a larger yard, where these railcars are sorted and dispatched in larger trains with other cars destined to similar locations. Because industrial spurs generally have less capacity and traffic than
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1848-496: Was further extended to Vaishali in 2011. The line is planned to be extended from Vaishali to Mohan Nagar via Sahibabad Station to link with the main line. The East West Line of the MRT system in Singapore has a two-station branch to Changi Airport . The first station, Expo , opened in 2001. It was extended to Changi Airport station the next year. From 1990 to 1996, the section of
1892-522: Was not curtailed by the Railway and Canal Traffic Act 1854 , and a specific contract that enlarges, diminishes or excludes his duty to take care (e.g., by a condition that the passenger travels "at his own risk against all casualties") cannot be pronounced to be unreasonable if the law authorises it. There was nothing in the provisions of the Canadian Transport Act 1938 section 25 that would invalidate
1936-488: Was repealed in 1994 in the wake of the North American Free Trade Agreement and budget-balancing initiatives in favour of a one-time payout by the federal government directly to farmers, to arrange transport of grain themselves. From the mid-1970s to the late 2010s, more than 9,300 kilometres (5,800 mi) of Prairie branch lines were abandoned or had a discontinuance of service. David Blyth Hanna ,
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