Editing Common carrier (section)

==General==
Although common carriers generally transport people<ref>''[[Stokes v. Saltonstall]]'', {{ussc|38|181|1839}}.</ref> or [[good (economics)|good]]s, in the United States the term may also refer to [[telecommunications service provider]]s and [[public utility|public utilities]].<ref>{{Cite web |title=What is common carrier? {{!}} Definition from TechTarget |url=https://www.techtarget.com/whatis/definition/common-carrier |access-date=2023-07-21 |website=WhatIs.com |language=en}}</ref> In certain [[U.S. state]]s, [[amusement park]]s that operate [[roller coaster]]s and comparable rides have been found to be common carriers; a famous example is [[Disneyland Park (Anaheim)|Disneyland]].<ref>''Gomez v. Superior Court (Walt Disney Co.)'', [http://online.ceb.com/calcases/C4/35C4t1125.htm 35 Cal. 4th 1125] (2005).</ref>

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 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 ([[Juristic person|legal]] or [[Natural person|physical]]) that enters into 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 the agreed time or within reasonable time.<ref name="Britannica" />

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 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. {{citation needed|date=April 2014}}

In contrast, [[private carrier]]s are not licensed to offer 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 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.<ref>{{Cite web |title=Grotheer v. Escape Adventures, Inc., 14 Cal.App.5th 1283 {{!}} Casetext Search + Citator |url=https://casetext.com/case/grotheer-v-escape-adventures-inc-1 |access-date=2022-08-05 |website=casetext.com}}</ref>