Carrier (transport)

“ The Commission's final report found from the whole record that the protesting carrier was in fact able and willing to perform the proposed transportation service in the following respects, each of which is set forth explicitly in the report. (1) U.S.A.C., the protestant, is a specialized common carrier in he aircraft field, with approximately 60 percent of its present traffic consisting of fragile parts, like the landing-gear bulkheads whose transportation is needed for Boeing Airplane Company, the shipper. ”

“ Numerous secondary tests had been used to distinguish contract carriage, but each shared a common feature: the criterion of 'specialization, either in the nature of the physical operation, or in respect of the shippers served, without some showing of which contract carriage cannot be found to exist.' (At 711; italics in report.) A carrier might engage in specialized operations and remain a common carrier if it held itself out to perform similar service for any shipper that might want it, but unless it did so specialize it could not be a contract carrier. ”

“ For we must remember that Congress has chosen in the Motor Carrier Act to regulate motor transportation not by the forces of competition but by impartial administration through an expert body. No doubt contract carriage is frequently preferred by shippers for the advantages, chiefly in flexibility of operations, that it may hold over available common carriage. ”

“ We agree. We also agree that though common carrier service is reasonably adequate and though another carrier is willing and able to furnish the service, a permit to a contract carrier to furnish this particular service still might be wholly consistent with the national transportation policy defined in the Act. For it is 'the distinct need of each individual customer' that the contract carrier is designed to fill. § 203 (a) (15) . And 'the changing character' of the shipper's 'requirements' is a factor to be weighed before denying the application. ”

“ The underlying purpose is plainly to promote and protect adequate and efficient common-carrier service by motor vehicle in the public interest, and the regulation of contract carriers is designed and confined with that end in view. ”

“ Strictly regulated common carriage was considered the backbone of the motor transport industry. Contract carriers might be able to perform certain specialized transportation tasks more easily than common carriers, and when this was so they should be allowed to enter the field. In order to preserve the financial and operational capacity of common carriers to perform the variety of tasks required by the public, however, applicants for a contract-carrier permit must not be awarded business that existing common carriers are equipped and obliged in their certificates to handle. ”

“ The trial examiner's recitation of facts, as adopted by the Commission, may be briefly summarized. Each of the supporting shippers does a substantial volume of business with small-lot purchasers. These customers maintain low inventories, necessitating a transportation service capable of effecting multiple pickups and deliveries on short notice. Each shipper has engaged in private carriage for this purpose, sending only single-lot full truckloads by common carrier. The Steele Canning Company's private equipment was furnished in part through a lease of the applicant's trucks. ”

“ The great increase of the commerce of England of late years very much increased the inland carriage of goods, whereby the roads were more broken than heretofore. King Charles issued his proclamation, confirming one of his father's in the 20th year of his reign, for the preservation of the public roads of England, commanding that no carrier or other person whatsoever shall travel with any waine, cart or carriage with more than two wheels nor with above the weight of twenty hundred; nor shall draw any waine, cart or other carriage with above five horses at once. ”

“ The common carrier is one who offers to carry for all who may choose to employ him. The private carrier is one who transports by virtue of a special agreement. The private carrier appears more frequently in water carriage than in land transportation. Most ships, for example, carrying bulk cargoes by special arrangement are private carriers. Most passenger ships are common carriers of passengers. Ships carrying miscellaneous or package freight, and running over regular routes, are common carriers. ”

“ The White City, 285 U.S. 195, 52 S.Ct. 347, 76 L.Ed. 699. But though a contract carrier, the tug may as effectively command the market and have as complete control of the tow and cargo as any common carrier. ”

“ Another use for large airships would be the carrying of freight of high intrinsic value, such as valuable ores, from places otherwise inaccessible, or not provided with other means of direct transport. ”

“ The shippers claimed: 'It is the carrier's duty to supply cars at all seasons of the year, fully equipped for the safe transportation of grain, potatoes, and other produce in bulk without further fitting ”

“ If, prior to the commencement of the voyage, a passenger has become incapable of making the voyage because of death, illness, or any other act of god, the carrier may demand three-tenths of the freight, and if any of such reasons have occurred after the commencement of the voyage, the carrier may, at his option, demand either three-tenths of the freight or freight in proportion to the carriage performed. ”

“ Whenever the goods intended for transportation are shipped on board, or delivered to the carrier or his agent for that purpose, it is the duty of the master, in the absence of any stipulation as to the period of sailing, to commence the voyage within a reasonable time, and he must proceed on the voyage in the direct and usual route to the port of delivery without any unnecessary deviation. ”

“ The law of the common carrier is the same to-day as when transportation on land was by coach and wagon, and on water by canal boat and sailing vessel, yet in its actual operation it touches and regulates transportation by modes then unknown, the railroad train and the steamship. ”

“ In considering railway law, nearly every thing appears to turn upon the great question of what constitutes a "common carrier," and if this point is once clearly established in a given case, the rights, liabilities, and immunities of a common carrier are pretty clearly defined by the authorities. We learn, then, that a "common carrier" is one who undertakes the conveyance of goods or passengers for hire or reward, and therefore stands in the light of a bailee. ”

“ It is the duty of the carrier to see that his barge is capable of resisting these forces without subjecting the carge to injury. She must be so tight that the water will not reach the cargo, so strong that these ordinary applications of external force will not spring a leak or sink her, so sound that she will safely carry the cargo in bulk through these ordinary shocks to which she must every day be subjected. If she is capable of this she is seaworthy; if she is not, she is unfit for the navigation of the river. ”

“ The carrier is no more an angel than other human beings, no matter whether pink or black; he has all the imperfections and the love of self-preservation of the brother who calls himself white. I remember once having all the loads laid out ready for the start and then giving the order for each man to choose his load. It was evident the carriers had mentally marked the load each would like to seize, for a dash was made for a small box only about 18 inches square and having the appearance of a 20 lb. load—but it was a case of cartridges weighing 80 lbs.! ”

“ The freight forwarder charged a rate covering the entire transportation and made its profit by consolidating the shipment with others in carload quantities to take advantage of the spread between carload and 1. c. 1. rates. It held itself out not merely to arrange with common carriers for the transportation of the goods, but rather to deliver them safely to the consignee. The shipper seldom if ever knew which carrier would be utilized in the carriage of his shipment. ”

“ On these assumptions the argument is that cargo has also a function as ballast; that if, for instance, the loss is caused by the improper shifting of pigs of lead, it does not matter whether they are called ballast or cargo, but in either case, so far as the change affects the fitness of the ship as a carrier, it is management of the vessel, within the act. ”

“ Sir Edward Harland
The place of the old cargo boat was in course of time taken by the so-called “tramp,” the modern [Pg 31] cargo carrier—a good wholesome ship, a large carrier, with sufficient power to take care of herself in all weathers. With modern machinery a tramp can go to the ends of the earth without replenishing her coal supply. One remarkable change has taken place which would have shocked the shipowners of fifty years ago; steamers no longer carry sails and the tendency is to do away with masts. The “standard” ship has only one mast, which is only used for signalling. ”

“ The result was that he had to settle his damages at what he could get. What have we done? We have made the initial carrier, the carrier that takes and receives the shipment, responsible for the loss of the article in the way of damages. ”

“ As between intermediate carriers, the duty of the one in possession at the end of his route is to deliver the goods to the succeeding carrier or notify him of their arrival, and the former is not relieved of responsibility by unloading the goods at the end of his route, and storing them in his warehouse, without delivery or notice to or any attempt to deliver to his successor. ”

“ Great guns, railway trucks and engines and rails form a part of these stupendous freights. There are many harbours in the South but few capable of berthing, loading and unloading the largest liners, and if we would criticise these operations, and free criticism of them has been, after our national manner, plentiful, we should understand that to the transport work of peace that of the greatest of wars has been added, and understand too that the shipping problem involves much more than ships, and requires to-day something like the higher mathematics for its solution. ”

“ A carrier who has a long road to go must make up his mind to wear his waggon and his gear during the journey. If he carry his merchandise to the appointed spot, that is enough for him. We are the waggon and the gear of God. ”

“ Transports, when continuously employed and utilised both ways, are cheaper than freight ships. Under the transport charter the vessel, though engaged for a named period certain, is at the disposal of the Admiralty so long as the Government choose to retain her, except when it is expressly stipulated otherwise. ”

“ Driver of interchanged equipment.-Each carrier must assign its own driver to operate the equipment that is proposed to be operated from and to the point or points of interchange and over the route or routes or within the territory authorized in the participating carriers' respective certificates of public convenience and necessity. ”

“ The carrier may hire his vehicle, or his team, or his servant, for the purposes of transportation; or he may undertake to employ them himself in the act of transporting the goods of another. It is in the latter case only, that he assumes the liabilities, and acquires the rights of a common carrier. ”

“ A carrier which is loading in Oklahoma one car of cotton for a southeastern mill and another car of cotton for a Gulf port is certainly performing a 'like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions.' A carrier which is loading two cars at the same time, on the same siding, with the same commodity is indeed performing the same service under the same circumstances and conditions. ”

“ Between the freight cargo, and the correspondence which controls it there is a great difference. Rapid transport of letters, intelligence, and passengers, and leisure transport of freight, is the law of nature, and to attempt to reverse it is but to attempt that which will never be successfully done, simply because wholly unnecessary in any permanent economic sense. And not only is higher speed than that of clippers unnecessary in ordinary freight transport, but it is clearly impossible in any normal condition of trade. ”

“ A carrier's first duty, and one that is implied by law, when he is engaged in transporting goods by water, is to provide a seaworthy vessel, tight and stanch, and well furnished with suitable tackle, sails, or motive power, as the case may be, and furniture necessary for the voyage. She must also be provided with a crew, adequate in number and sufficient and competent for the voyage, with reference to its length and other particulars, and with a competent and skilful master, of sound judgment and discretion ”

“ But the analogy between goods awaiting delivery at the end of the route and goods awaiting further conveyance by a connecting carrier, so far as the requisite of notice in each case is concerned, we think exists, and should be recognized. ”

“ These carriers are a very merry, cheerful lot; however long the day’s march, however hot the sun may be as they trudge along with a heavy load on their heads, they seldom grumble, but chatter away to each other and crack jokes with their neighbours. Of course, carriers vary a great deal, both in their value as porters and in their disposition. ”

“ COMMERCIAL CARGO OPERATIONS- The term `commercial cargo operations' means aircraft operations by a commercial cargo or freight carrier in cases in which cargo is delivered to or flown from the installation under established schedules, except that the term does not include any cargo operations undertaken by or on behalf of any user of the installation or cargo operations related to the national defense, homeland security, and emergency preparedness missions of the installation. ”