TITLE 7. CARRIAGE [2085. - 2218.]
Title 7 enacted 1872.
§§ 2085–2218 · 73 sections
CHAPTER 1. Carriage in General §§ 2085–2090 · 6 sections
- § 2085 The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another.
- § 2086 Carriage is either: 1. Inland; or, 2. Marine.
- § 2087 Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers.
- § 2088 Rights and duties peculiar to carriers by sea are defined by Acts of Congress.
- § 2089 Carriers without reward are subject to the same rules as employGs without reward, except so far as is otherwise provided by this Title.
- § 2090 A carrier without reward, who has begun to perform his undertaking, must complete it in like manner as if he had received a reward, unless he restores the…
CHAPTER 2. Carriage of Persons §§ 2096–2104 · 6 sections
ARTICLE 1. Gratuitous Carriage of Persons § 2096 · 1 section
- § 2096 A carrier of persons without reward must use ordinary care and diligence for their safe carriage.
ARTICLE 2. Carriage for Reward §§ 2100–2104 · 5 sections
- § 2100 A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must…
- § 2101 A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this…
- § 2102 A carrier of persons for reward must not overcrowd or overload his vehicle.
- § 2103 A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a…
- § 2104 A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route.
CHAPTER 3. Carriage of Property §§ 2110–2144 · 16 sections
ARTICLE 1. General Definitions § 2110 · 1 section
- § 2110 Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is…
ARTICLE 2. Obligations of the Carrier [2114. - [2121.]] §§ 2114–[2121.] · 6 sections
- § 2114 A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least…
- § 2115 Subject to Section 7303 of the Uniform Commercial Code, a carrier must comply with the directions of the consignor or consignee to the same extent that an…
- § 2118 Subject to Section 7303 of the Uniform Commercial Code, a carrier of property must deliver it to the consignee, at the place to which it is addressed, in the…
- § 2119 If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried upon a railway owned or managed by the…
- § [2120.] Section Twenty-one Hundred and Twenty. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to…
- § [2121.] Section Twenty-one Hundred and Twenty-one. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his…
ARTICLE 4. Freightage §§ 2136–2144 · 9 sections
- § 2136 A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he cannot until he is ready to deliver the…
- § 2137 The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it,…
- § 2138 The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it.
- § 2139 No freightage can be charged upon the natural increase of freight.
- § 2140 If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the…
- § 2141 If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid…
- § 2142 If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage,…
- § 2143 If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot…
- § 2144 A carrier has a lien for (a) freightage and for services rendered at request of shipper or consignee in and about the transportation of the property, (b) care…
CHAPTER 4. Carriage of Messages [2161. - [2162.]] §§ 2161–[2162.] · 2 sections
- § 2161 A carrier of messages for reward, other than by telegraph or telephone, must deliver them at the place to which they are addressed, or to the person for whom…
- § [2162.] Section Twenty-one Hundred and Sixty-two. A carrier of messages for reward, must use great care and diligence in the transmission and delivery of messages.
CHAPTER 5. Common Carriers [[2168.] - 2212.] §§ [2168.]–2212 · 37 sections
ARTICLE 1. Common Carriers in General [[2168.] - 2178.] §§ [2168.]–2178 · 11 sections
- § [2168.] Section Twenty-one Hundred and Sixty-eight. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is…
- § 2169 A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is…
- § 2170 A common carrier must not give preference in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by…
- § 2171 A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this State.
- § [2172.] Section Twenty-one Hundred and Seventy-two. A common carrier must start at such time and place as he announces to the public, unless detained by accident or…
- § 2173 A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse…
- § [2174.] Section Twenty-one Hundred and Seventy-four. The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special…
- § 2175 A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of…
- § [2176.] Section Twenty-one Hundred and Seventy-six. A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage, with…
- § [2177.] Section Twenty-one Hundred and Seventy-seven. A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter,…
- § 2178 A common carrier of property by steam or electric railroad which accepts for transportation, storage, handling or safe-keeping, as a part of or in connection…
ARTICLE 2. Common Carriers of Persons §§ 2180–2191 · 11 sections
- § 2180 A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for…
- § 2181 Luggage may consist of whatever the passenger takes with him for his personal use and convenience, according to the habits or wants of the particular class to…
- § 2182 The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property.
- § [2183.] Section Twenty-one Hundred and Eighty-three. A common carrier must deliver every passenger’s luggage, whether within the prescribed weight or not, immediately…
- § 2184 A common carrier of persons must provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage…
- § 2185 A common carrier of persons must provide every passenger with a seat. He must not overload his vehicle by receiving and carrying more passengers than its rated…
- § 2186 A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are lawful, public, uniform…
- § 2187 A common carrier may demand the fare of passengers, either at starting or at any subsequent time.
- § 2188 A passenger who refuses to pay his fare or to conform to any lawful regulation of the carrier, may be ejected from the vehicle by the carrier. But this must be…
- § 2190 After having ejected a passenger, a carrier has no right to require the payment of any part of his fare.
- § 2191 A common carrier has a lien upon the luggage of a passenger for the payment of such fare as he is entitled to from him. This lien is regulated by the Title on…
ARTICLE 3. Common Carriers of Property §§ 2194–2205 · 9 sections
- § 2194 Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he…
- § 2195 A common carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the cause of the loss.
- § [2196.] Section Twenty-one Hundred and Ninety-six. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence.
- § 2197 (a) Liability for storage or equipment rental charges assessed against a motor carrier by a railroad or steamship company shall be as follows if the charges…
- § 2197.5 (a) In addition to the liability established by Section 2197, the consignee is liable to the motor carrier for the charges if the freight is shipped prepaid…
- § [2200.] Section Twenty-two Hundred. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state;…
- § 2203 In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by the…
- § [2204.] Section Twenty-two Hundred and Four. If, from any cause other than want of ordinary care and diligence on his part, a common carrier is unable to deliver…
- § 2205 The liability of any stageline, transfer company, or other common carriers operating over the public highways for the loss of or for damage to any baggage…
ARTICLE 4. Common Carriers of Messages §§ 2207–2209 · 3 sections
- § 2207 A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, and…
- § 2208 A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the…
- § 2209 Every person whose message is refused or postponed, contrary to the provisions of this Chapter, is entitled to recover from the carrier his actual damages, and…
ARTICLE 5. Space Flight Liability and Immunity §§ 2210–2212 · 3 sections
- § 2210 For purposes of this article: (a) “Participant” means a space flight participant as defined in Section 50902 of Title 51 of the United States Code. (b)…
- § 2211 (a) A space flight entity providing space flight activities to a participant shall have each participant sign a warning statement that shall contain, at a…
- § 2212 (a) Except as provided in subdivision (c), a space flight entity shall not be liable for participant injury arising out of space flight activities if both of…
CHAPTER 6. Carrier of Passengers Act of 2024 §§ 2213–2218 · 6 sections
ARTICLE 1. Title § 2213 · 1 section
- § 2213 This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024.
ARTICLE 2. Definitions § 2214 · 1 section
- § 2214 For purposes of this chapter, the following definitions apply: (a) “Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier…
ARTICLE 3. General Provisions § 2215 · 1 section
- § 2215 (a) (1) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be…
ARTICLE 4. Civil Action and Penalties § 2216 · 1 section
- § 2216 (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or…
ARTICLE 5. Applicability § 2217 · 1 section
- § 2217 (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation,…
ARTICLE 6. Severability § 2218 · 1 section
- § 2218 (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…