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Operator's Liability for the Carriage of Passengers and Luggage : Effects of 1930 and 1953 Acts
Page 42
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the railways, but to all road passenger services provided by the Commission, and it will be noticed that this prohibition on contracting out is wider than that imposed by the Road Traffic Act."
Referring to the carriage of luggage. Mr. Birch said that statutory road passenger transport undertakings were usually required by their Acts or Orders to carry a limited quantity of passengers' luggage without extra charge, and a similar obligation was imposed o'n local authorities authorized to run public service vehicles under Part 5 of the Road Traffic Act, 1930.
Not Obliged to Carry Luggage
There was no obligation on ordinary operators of stage and express services to carry luggage without extra charge. but a condition to that effect could be attached to a road service licence. That, however, had not been done.
In the absence of special conditions. the duty of every operator was to carry a passenger to his agreed destination with due care and in reasonable time.
"If the carrier is a common carrier of luggage, as the railways and possibly many road passenger operators are, he will be absolutely responsible for the safety of the passenger's luggage, subject to the 'excepted perils' and to such protection as is afforded him by the Carriers' Act, 1830, in respect of certain descriptions of undeclared valuables. '
"If, however," continued Mr. Birch. " the carrier is not a common carrier of luggage, his duty in respect of the luggage will correspond to that owed to the passenger himself, namely, to use due care."