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 Post subject: Define Public Transport
PostPosted: Sat Feb 28, 2004 6:34 pm 
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Joined: Thu Feb 05, 2004 8:25 pm
Posts: 331
Hi
I am involved in a discussion with someone regarding transport issues and what I would like too know is there anything in writing with defines what is and what is not public transport.

regards
radioman


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 Post subject:
PostPosted: Sat Feb 28, 2004 7:02 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
I would ask a friend if I had any. :?

I suppose a loose view could be any transport that is free (not in the money sense) and open to all, to use.

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IDFIMH


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PostPosted: Sat Feb 28, 2004 8:23 pm 
"PUblic" transport is clearly defined in common law back in the early 1800s as "a common carrier" meaning a carrier who does not have the right to refuse carriage based on spurious grounds, and is governed on non variable publicised "conditions of carriage" set down in Statute by the Government (which term includes the agents and assigns of the government - including local authorities).

Private transport differs, in that it requires there be a contract between the carrier and the hirer pasneger consignor of goods. There is no statute nor conditions of carriage imposed by government, but a contract (whether express or implied) bewteen the parties.

While there is a lot of knawing at the edges of the original definition, it remains fundamentally intact.

What I refer to as knawing at the edges:

Following the degredation of the railways following World War Two, the railways were nationalised as a public carrier (1948) then thereafter fought for the right NOT to be classed as a common carrier. This was subsequently granted to them in (I think) 1965. Nonetheless, it was only granted in respect of freight. I have seen no ammendment to statute that governs passengers (road or rail), or removes the original rulings.

(Thats not to say there have been none. Just that I have not heard of any).


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 Post subject:
PostPosted: Sun Feb 29, 2004 5:20 am 
Anonymous wrote:
"PUblic" transport is clearly defined in common law back in the early 1800s as "a common carrier" meaning a carrier who does not have the right to refuse carriage based on spurious grounds, and is governed on non variable publicised "conditions of carriage" set down in Statute by the Government (which term includes the agents and assigns of the government - including local authorities).

Private transport differs, in that it requires there be a contract between the carrier and the hirer pasneger consignor of goods. There is no statute nor conditions of carriage imposed by government, but a contract (whether express or implied) bewteen the parties.

While there is a lot of knawing at the edges of the original definition, it remains fundamentally intact.

What I refer to as knawing at the edges:

Following the degredation of the railways following World War Two, the railways were nationalised as a public carrier (1948) then thereafter fought for the right NOT to be classed as a common carrier. This was subsequently granted to them in (I think) 1965. Nonetheless, it was only granted in respect of freight. I have seen no ammendment to statute that governs passengers (road or rail), or removes the original rulings.

(Thats not to say there have been none. Just that I have not heard of any).



I think that is an excellent contribution, alas all that is left as a common carrier is a taxi
read your boat, airline, bus and train tickets "carried according to the conditions available from the opperator"


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