MODULE_3

MODULE 3

UNDERSTANDING BASICS OF CARRIAGE

INTRODUCTION

What is a Carriage?

Carriage is nothing but the mere transferring or transportation of anything from one place to
another. .

A carriage can be described by some as a four wheeled vehicle, used to transport goods and
services or for the transportation of passengers. In earlier days, a carriage was a four wheeled
vehicle which was pulled by an animal, usually a horse. This was the most common and
inexpensive way of transportation even though it was very time consuming.

Carriage is the transportation of:
▪ Transportation of goods and services.
▪ Helping in the transportation or travelling of people.
▪ Helps in the moving or sending and receiving goods or services and people one place to
another.

Transportation may be done for free or for a reward. A person who is responsible to forwarding
goods is a consignee. A consignment is nothing but any documents, goods, articles, etc which is
to be transported. A consignor is a person who or a seller who delivers any good, document,
article, etc (Consignment) to a carrier to further send it to the consignee, who is also the buyer.
The consignee is the one whose name appears in the documents. The ownership or title of such
goods remains with the consignor until the buyer pays for it.
Goods include items such as

▪ Documents
▪ Articles
▪ Containers
▪ Pallets

People, livestock and animals also come under the category of goods as are transported from one
place to another.
People or persons may be anyone who is:

▪ Collectors
▪ Agent
▪ Broker
▪ Business entity, etc.

Carriage can be any motor vehicle which is being used for any carriage facility of transporting
goods and services or people from one place to another.
For the transportation of goods or to run any such carriage facility, a permit must be allowed to
carry such activities. The Regional authority or state transport authority shall be responsible.
A permit is an allowance issued by a state or Regional Transport Authority, authorizing the use
of a motor vehicle as a transport vehicle.

CARRIAGE OF GOODS BY LAND

Rights:
▪ He is allowed to settle remuneration, in case of no remuneration, he is allowed to make a
reasonable one.
▪ He is allowed to carry certain goods.
▪ He can refuse to deliver the goods until his money is paid
▪ If the consignee refuses to take his goods, carrier has right to deal with them as he wishes.
▪ He has the right to recover the expenses of delivering the goods refused.
▪ He can recover the money for any damage, if done , or of dangerous goods .

Duties:
▪ He is bound to carry goods of everyone who choose to employ him.
▪ He can also refuse at any time depending upon the circumstance.
▪ He can refuse if goods are not properly packed, no accommodation, etc.
▪ He must take the route assigned to him and must take all precautions to keep goods safe.

▪ He must deliver the goods at the given time and date.

CARRIAGE BY RAIL
The railway administration must carry books containing the rate authorized for the carriage of
goods from one place to another and keep them for reference of any person.
▪ The goods entrusted to a railway administrator for carriage, are at his risk .
▪ Railway administrator must issue a receipt as specifies by central government.
▪ Railway receipt serves as evidence of the weight and number of packages stated .
▪ No person is allowedto take with him any dangerous or offensive goods.
▪ The railway administrator is liable for any wrong delivery taking place.

CARRIAGE BY SEA

▪ Contract to carry goods by shit is also called as Contract of Affreightment; the charges paid
are called Freight.

▪ It takes place in two forms: A charter party where an entire ship or part of it is place at
disposal of merchant. Or, a bill of landing where the goods are to be carried in general ship
and person in charge is the shipper.

▪ In both such cases, the owner of the ship takes the responsibility of goods.

CONTRACT CARRIAGE

The definition of Contract Carriage under Section 2 (7) of Motor Vehicle Act,” Contract
Carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is
engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole
for the carriage of passengers mentioned therein and entered into by a person with a holder of a
permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an
agreed rate or sum-

(a) on a time basis, whether or not with reference to any route or distance; or

(b) from one point to another; and in either case, without stopping to pick up or set down
passengers not included in the contract anywhere during the journey, and includes-

(i) a maxicab; and

(ii) a motor-cab notwithstanding that separate fares are charged for its passengers;

contract carriage are those which carry passengers for a reward or hire. It includes motor cab,
maxi cab. These are vehicles engaged under a contract for money or hire. The rate may be time
based or depending on the place. They are not allowed to stop or pickup any person during
another’s ongoing journey.
In today’s commercial world, goods need to be moved from one place, one country to another;
hence a contract must be signed between the two to make such services available in order to
transfer the goods. The persons responsible to carry or organize such facilities are called the
carriers. The goods may be transported by land, water or air. Such a service is taken in order for
a reward or money by the carrier. There is a difference in reward between the transport by air,
water or land.

Classification of Carriers:
▪ Common Carriers
▪ Private Carriers
▪ Gratuitous Carriers

Common Carriers:
▪ It is any firm, company, who transports goods as business for a hire from one place to
another.
▪ It is done for the consignors without any discrimination.
▪ In order to be called a common carriage, hire must be charged.
▪ A person carrying goods free of charge is not a common carriage.
▪ The amount charged must be paid to him
▪ There is accommodation on his conveyance.
▪ He is allowed to carry a particular consignors good whenever wished to do so.

▪ This is limited to carrying of goods of passengers only and not passengers.

Private Carriers:

▪ He is the carrier who does not transport or carry goods from one place to another
regularly.

▪ He may involve in any job of carrying goods for selected people between terminals.
▪ He is called as a Private Carrier because he carries his own goods.
▪ He does not make any offer to carry their goods from one place to another for sny hire.
▪ He is allowed to make a contract with another to cary goods on terms agreed.
▪ If so, then it is a contract of bailment, or contract of hire or reward.

Gratuitous Carrier:

▪ A person is said to carry goods from one place to another, without any reward, he is
called a gratuitous Carrier.

▪ He also may voluntarily offer a person lift in his vehicle for free.
▪ He may not just carry goods, but also people, free of charge.

STAGE CARRIER

▪ Refers to motor vehicles that carry 6 or more passengers, apart from the driver.
▪ This is done for a reward or fixed price.
▪ Different sums of money or fare is charged for different passengers depending upon their

pickup location.
▪ The fairs or money for such a journey is either paid for the entire journey or in stages.
▪ In this type of carriage, the motor vehicle is allowed to stop or pickup another passenger

during the ongoing of another journey.

Rules:

▪ The motor vehicles used for in this type, they are allowed to be used or travel only in certain
areas or certain routes as mentioned.

▪ The starting period or time of such carriers is only allowed to commence after a given date.
▪ The number of daily tripes is given before date, stating the areas or routes to be covered on

certain dates and time.
▪ That copy mentioning the time table of stage carriers much is first approved by the state

Transport Authority.
▪ The vehicle must be clean and well maintained.
▪ The number of passengers or the vehicles to be carried, to which area, etc is subject to the

conditions mentioned.
▪ The fares are charged according to the fares table approved.
▪ The vehicle must have a permit showing that it is fit and reliable for travel.
▪ The permit mentions the person driving the vehicle and only he may be responsible for any

mishapening
▪ In case of any extra fares to be charged, it must be mentioned and approved
▪ The number of working hours must be observed in relation to mentioned in the permit
▪ The name and address of the operator must be painted in big bold letters under the window

of the vehicle.
▪ The holder of such vehicle must not use such a carrier in public place to carry any passenger

unless it carries a conductor.
▪ The vehicle must mention the area or place it is travelling to, its area of transport.
▪ The vehicle is bound to travel everyday or be in use, in the same area or place a given time.

E.g., local buses of transportation within the city.
▪ No person is allowed to act or take place of the real owner by selling tickets, unless he has a

valid agent’s license.

GOODS CARRIAGE

▪ A motor vehicle which is used to carry goods and services.
▪ Includes any vehicles that are used to carry goods even if they are not adopted for that

particular use.

▪ Goods include anything that is carried by the vehicle, except living persons. Goods like
livestock, containers, etc.

▪ Does not contain or carry goods of any personal use, eg; luggage.
▪ This is similar to contract of carriage.
▪ Only goods are transported.
▪ .The transportation could take place by land, water or air.
▪ Certain precautions are taken while transportation.
▪ The carrier is responsible for any damages.
▪ The goods are transported for a fair, the fair varied depending upon the means of

transportation.
▪ Passengers are not allowed in such types of carriers.
▪ A permit is required for the vehicle or carrier facility to take place.
▪ No goods which are dangerous shall be approved to transport.
▪ A contract between both parties needs to be signed.
▪ Any goods can be transported to from one place to another.
▪ The vehicle or carrier must mention his name, or the name of the carrier facility, the address

and the route proceeding for travel.

TOURIST VEHICLE

▪ This is a kind of contract carriage.
▪ The vehicle is generally for the travelling of tourists from one place to another, from one

tourist location to another.
▪ This may be within the state or the country.
▪ Taxis are an example of tourist vehicle.
▪ These are vehicles which must mention the name and address of carrier or the carrier

facility.
▪ The must write the address.
▪ The route prescribed must only be taken.
▪ Charges vary with time and places.

▪ This vehicle is only for tourists and not for in city passengers.
▪ They are used to travel around tourist spots.
▪ They do not carry goods for transportation.
▪ The vehicle must have a different color, yellow color number board, showing that it is a

tourist vehicle.
▪ A permit is needed by the carrier.
▪ They are not allowed to stop in between any ongoing journey.
▪ This is a public vehicle and cannot be used for any private use.