What are the elements of the common carriage?

Essentials of a Common Carriage

A common carrier is a legal entity that engages in the transportation of people or goods between designated locations for compensation. Carriers of this nature voluntarily assume the responsibility to provide these services and are subject to specific legal obligations.

Key Elements of a Common Carriage

• Obligation to Transport: Common carriers are contractually bound to transport passengers or goods upon request, provided the transportation aligns with their authorized operations.
• Public Announcement: Carriers announce their services through public means, such as advertisements, schedules, and route maps. This declaration establishes their willingness to accept transportation contracts.
• Specified Locations: Carriers delineate specific locations where they operate and offer their services. These pickup and drop-off points are typically fixed and predetermined.
• Compensation: Common carriers receive monetary consideration for their transportation services, which may vary based on factors such as distance, weight, or type of goods.
• Open to the Public: Common carriers offer transportation services indiscriminately, without restricting access to particular individuals or groups. They are obligated to serve all members of the public who meet the established transportation conditions.
• Non-Discriminatory: Common carriers cannot unfairly discriminate in their services based on race, religion, gender, or other protected characteristics. They are legally bound to treat all customers equitably.
• Reasonable Rates: Carriers must charge reasonable and just rates for their services, which are typically regulated by government agencies to prevent excessive or predatory pricing.
• Duty to Protect: Common carriers have a duty to protect passengers and goods while in transit. They are legally liable for damages or injuries resulting from negligent or reckless actions.

Legal Significance of Common Carriage

The designation of common carriage imposes various legal obligations and liabilities on the carrier. It subjects them to regulations, rate controls, and the requirement to provide non-discriminatory services. By recognizing and accepting their status as common carriers, these entities assume the responsibility to meet the transportation needs of the public in a safe, reliable, and equitable manner.