Chapter 63

COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 1CHAPTER 63 COMMON CARRIERS Article 1. Common Carriers in General. Article 2. Common Carriers of Persons. Article 3. Common Carriers of Property . Article 4. Common Carriers of Messages. ARTICLE 1 COMMON CARRIERS IN GENERAL § 63101. Common Carriers. § 63102. Obligations to Accept Freight. § 63103. No Preferences. § 63104. Preferences to United States & Guam. § 63105. Compensation. § 63106. Certain Agreements V oid. § 63107. Written Contract. § 63108. Loss of V aluable Letters. § 63101. Common Ca rriers. Every one who offers to the public to carry persons, property , or messages, excepting only telegraphic messag es, is a common carrier of whatever he thus offers to carry . SOURCE: CC § 2168. § 63102. Obligations to Accept Freight. A common carri er 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 accustomed to carry . SOURCE: CC § 2169. § 63103. No Preferences. A common carrier must not give preferences in tim e, price, or otherwise, to one person over another. SOURCE: CC § 2170. § 63104. Preferences to United States & Guam.

§ 2169. § 63103. No Preferences. A common carrier must not give preferences in tim e, price, or otherwise, to one person over another. SOURCE: CC § 2170. § 63104. Preferences to United States & Guam. COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 2A common carrier must always give a preference in time, and may give a preference in price, to the United States and to the Government o f Guam. SOURCE: CC § 2171. NOTE: No CC § 2172 existed. § 63105. Compensation. A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in ad vance. If payment thereof is refused, he may refuse to carry . SOUR CE: CC § 2173. NOTE: No CC § 2174 existed. § 63106. Certain Agreements V oid. A common carrier cannot be exonerated by any agreement made in anticipa tion thereof, for liability for the gross negligence, fraud, or willful wrong of himself or his servants . SOURCE: CC § 2175. § 63107. Written Contract. A passenger , consignor , or con -signee, by accepting a ticket, bill of lading, or written contract for carriage, with knowledge of its terms, assents to the rate of hire, the time, place, and manner of deli very therein stated; and

signee, by accepting a ticket, bill of lading, or written contract for carriage, with knowledge of its terms, assents to the rate of hire, the time, place, and manner of deli very therein stated; and also to the limitation stated therein upon the amount of the carrier's liability in case property carried in packages, trunks, or boxes is lost or injured, when the value of such property is not named; and also to the limitation st ated therein to the carrier's liability for loss or injury to live animals carried. But his assent to any other modification to the carrier's obliga tions contained in such instru ment can be mani fested only by his signature to the same. SOURCE: CC § 217 6. § 63108. Loss of V aluable Letters. A common carrier is not responsible for loss or miscarriage of a letter , or package having the form of a letter , containing money or noted, bills of exchange, or other papers of value, unless he be informed at the ti me of its receipt of the value of its contents. SOURCE: CC § 2177.COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 3NOTE: No 1970 Civil Code '§ 2178 -2179 existed. ARTICLE 2 COMMON CARRIERS OF PERSONS § 63201. Obligations for Luggage.

CE: CC § 2177.COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 3NOTE: No 1970 Civil Code '§ 2178 -2179 existed. ARTICLE 2 COMMON CARRIERS OF PERSONS § 63201. Obligations for Luggage. § 63202. Baggage Defined. § 63203. Liability for Luggage. § 63204. Regulation of Business Generally . § 63205. When Fare Payable. § 63206. Ejection of Passengers. § 63207. Carrier's Lien. § 63201. Obligations for Luggage. A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusiv ely, must receive and carry a reasonable amount of bag gage for each passenger without charge, except for an excess of weight over 100 pounds to a passen ger; if such carrier is a proprietor of a stage line, he need not receive and carry for each passenger by such stage line, without charge, more than 60 pounds of baggage. SOURCE: CC § 2180. NOTE: Taxis are regulated by 16 GCA Chap ter 11. Public Law 20 -220 (8/31/90) adds a section, 16 GCA '11106, which specified the rates which may be charged by taxi drivers, including rates for baggage. To that extent, this section has been repealed with respect to taxis.

1/90) adds a section, 16 GCA '11106, which specified the rates which may be charged by taxi drivers, including rates for baggage. To that extent, this section has been repealed with respect to taxis. Common carrier bus service is provided by the Guam Mass Transit Authority , a public corporation, and it's creation and regulations are found in Title 1 2, Guam Code Annotated. § 63202. Baggage Defined. 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 which he belongs, either with reference to th e important necessities or to the ultimate purposes of his journey . Luggage within the meaning of this section shall include the samples, case, wares, appliances, and catalogues of commercial travellers or their employers, used by them for the purpose of t ransacting their business and carried with them solely for that purpose, when securely packed and locked in substantial trunks or sample cases of convenient shape and weight for handling. COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 4SOURCE: CC § 2181. § 63203. Liability for Luggage.

n substantial trunks or sample cases of convenient shape and weight for handling. COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 4SOURCE: CC § 2181. § 63203. Liability for Luggage. The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property . SOURCE: CC § 2182. NOTE: No CC §§ 2183 -2185 existed. § 63204. Regulation of Business Generally. A common carrier of persons may make rules fo r the conduct of its business, and may require passengers to conform to them, if they are lawful, uniform in their application, and reason able. SOURCE: CC § 2186. NOTE: Carriers operating between Guam and other places are regulated by the Uni ted States . Taxis are regulated in 16 GCA Chapter 11. § 63205. When Fare Payable. A common carrier may demand the fare of passengers, eithe r at starting or at any subsequent time. SOURCE: CC § 2187. § 63206. Ejection of Passengers. A passenger who refuses to pay his fare or to conform to any lawful regula tion of the carrier, may be ejected from the vehicle by the carrier. But this must be done with as little violence as possible, and at any usual stopping place or near some

nform to any lawful regula tion of the carrier, may be ejected from the vehicle by the carrier. But this must be done with as little violence as possible, and at any usual stopping place or near some dwell ing house. SOURCE: CC § 2188. NOTE: No CC §§ 2189 -2190 existed. § 63207. Carrier's Lien. 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 Part 2 of this Division of this Title (Liens). SOURCE: CC § 2191. NOTE: No 1970 Civil Code '§ 2192 -2193 existed.COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 5---------- ARTICLE 3 COMMON CARRIERS OF PROPERTY § 63301. Liability of Inland Carriers. § 63302. When Exemptions Excepted. § 63303. Liability for Delay . § 63304. Liability of Marine Carr iers. § 63305. U.S. Regulation of Marine Carriers. § 63306. Perils of the Sea. § 63307. Consignor to Declare V aluables. § 63308. Liability of Stage Lines, etc., Operating Over High ways. § 63301. Liability of Inland Carriers. Unless the consignor ac companies the freight and re tains exclusive control thereof, an inland common carrier of property is liable, from the time that he

ays. § 63301. Liability of Inland Carriers. Unless the consignor ac companies the freight and re tains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to '' 62105 to 62108, for the loss or injury thereof from any caus e whatever except: 1. An inherent defect, or weakness, or a sponta neous ac tion, of the property itself; 2. The act of a public enemy of the United States, or of the Territory of Guam; 3. The act of the law; or 4. Any irresistible superhuman cause. SOU RCE: CC § 2194. NOTE: The original '2194 refers to ' ''2118 to 2122' of the Civil Code. The Civil Code of Guam contained no '2122. Therefore, the references here refer only to sections which exist in this Code. § 63302. When Exemptions Excepted. 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. COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 6SOURCE: CC § 2195. § 63303. Liability for Delay. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence.

NESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 6SOURCE: CC § 2195. § 63303. Liability for Delay. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. SOURCE: CC § 2196. § 63304. Liability of Marine Carriers. A mar ine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire. SOURCE: CC § 2197. § 63305. U.S. Regulation of Marine Carriers. The liability of a common carrier by sea is further regulated by Acts of Congress of the United States. SOURCE: CC § 2198. § 63306. Perils of the Sea. Perils of the sea are from: 1. Storms and waves; 2. Rock s, shoals and rapids; 3. Other obstacles, though of human origin; 4. Changes of climate; 5. The confinement necessary at sea; 6. Animals peculiar to the sea; and 7. All other dangers peculiar to the sea. SOURCE: CC § 2199. § 63307. Consignor to Decl are Valuables. A common carrier of gold, silver , patina, or precious stones, or of imitations thereof, in a manufactured or unmanufac tured state; of time pieces of any description; of negotia ble paper or other valuable writings; of pictures, glass, or c hinaware; of statuary , silk,

tations thereof, in a manufactured or unmanufac tured state; of time pieces of any description; of negotia ble paper or other valuable writings; of pictures, glass, or c hinaware; of statuary , silk, or laces; or of plated ware of any kind, is not liable for more that $50.00 upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 7bymark upon the package or otherwise, of the nature of the freight; nor is such carrier liable upon any package carried for more than the value of the articles named in the receipt or bill of lading. SOURCE: CC § 2200. NOTE: No 1970 Civil Code '§ 2201 -2204 existed. § 63308. Liability of Stage L ines, etc., Operat ing Over Highways. The liability of any stage line, transfer company , or other common carriers operating over the public high waysfor the loss of or for damage to any baggage shall not ex ceed the sum of $100.00 for each trunk and its contents; $25.00 for each valise, suitcase, or travelling bag and its contents; or $10.00 for each box, bundle, or package and its contents; unless a higher valuation is declared at the time of

d its contents; $25.00 for each valise, suitcase, or travelling bag and its contents; or $10.00 for each box, bundle, or package and its contents; unless a higher valuation is declared at the time of delivery of such baggage to the carrier and assented thereto i n writing by such carrier . SOURCE: CC § 2205. NOTE: No 1970 Civil Code § 2206 existed. --------- ARTICLE 4 COMMON CARRIERS OF MESSAGES § 63401. Order of T ransmission of T elegraphic Message s. A carrier of messages by telegraph or cable must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practica ble, and several mes sages accumulate upon his hands, he must transmit them in the following order: 1. Messages from public agents of the United States or o f the government of Guam, on public business; 2. Messages giving information relating to the sickness or death of any person; 3. Other messages in the order in which they were received. SOURCE: CC § 2207. COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 8COMMENT : Common carriers of messages to places outside of Guam are regulated by the United States; as are rates and priori ties for such messages.

BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS 8COMMENT : Common carriers of messages to places outside of Guam are regulated by the United States; as are rates and priori ties for such messages. NOTE: No 1970 Civil Code §§ 2208 -2214 existed. ----------COL12010618 GCA BUSINESS STRUCTURE &FUNCTION CH.63COMMON CARRIERS