carriage by road
carriage by roada contract to carry goods or passengers by road. Common carriers of passengers must carry any passenger who offers and is willing to pay the fare (and is not otherwise objectionable), provided that the vehicle is not overloaded; private carriers carry under special contract only. In either case, however, liability will follow a damage or injury resulting from failure to take reasonable care for the passengers' safety. A common carrier of goods must carry goods of a type that he holds himself out as carrying to a place that he holds himself out as travelling to. The common carrier of goods is strictly liable for damage to the goods carried, subject to: the defences of act of God; act of the Queen's enemies; the inherent value of the goods; the fault of the consignor. The Carriers Act 1830 protects against the strict liability exceeding £10 where the value of certain goods beyond that sum is not stated. The goods that must be declared are gold and silver coin, gold and silver, precious stones, jewellery, watches, clocks, trinkets, bills of exchange, bank notes, securities for the payment of money, stamps, maps, title deeds, paintings, engravings and pictures, gold and silver plate, glass, china, silk and furs. Carriers may exclude liability by contract but subject to the unfair contract terms Act 1977. A private carrier of goods need only take reasonable care of the goods. International carriage by road is governed by the Carriage of Goods by Road Act 1965 as amended by the Carriage by Air and Road Act 1979. There are pan-European rules governing dangerous goods. Regulation is via the European Agreement Concerning the International Carriage of Dangerous Goods by Road which was drawn up by the United Nations Economic Commission for Europe in Geneva.
Collins Dictionary of Law © W.J. Stewart, 2006