What Is Common Carrier in Trucking?
Also called: Motor Common Carrier, Common Carrier Trucking, Common Carriage
A common carrier is a person or company that holds itself out to the general public to haul goods for pay. The federal purchasing rules use that wording. Federal motor carrier law no longer sorts carriers as common or contract. It asks whether a carrier is paid to haul, as a for-hire or private carrier. 49 U.S.C. 13102 does not define common carrier.
Last reviewed September 23, 2026 · Facts checked November 3, 2026
Key Points
- A common carrier holds itself out to the general public to provide transportation for pay. That is the Federal Acquisition Regulation wording, used for federal purchasing (48 CFR 47.001)
- A contract carrier serves one person or a limited number of persons under continuing agreements (48 CFR 47.001)
- Cornell's Wex says a common carrier moves goods or people for a fee, and its service is open to the public. This is a secondary source
- The 13102(14) definition of a motor carrier is a person providing motor vehicle transportation for compensation. The definitions do not use the words common carrier or contract carrier (49 U.S.C. 13102)
- FMCSA says it removed obsolete references to common and contract carriage from its rules, as required by SAFETEA-LU (78 FR 52608, August 23, 2013). The sections are 49 CFR 365.107 and 387.301
- FMCSA's safety rules sort a motor carrier as for-hire or private (49 CFR 390.5T)
- The old words survive in a few places. 49 U.S.C. 13902(d) has a transition rule for registering a motor common carrier or a motor contract carrier. 49 CFR 365.101(h) names common, contract or private carriers for Mexico-domiciled carriers
- A carrier must provide transportation on reasonable request. A motor carrier must provide safe and adequate service, equipment and facilities (49 U.S.C. 14101(a))
- The Supreme Court says Carmack codifies the common-law rule. A carrier is not an absolute insurer. It is liable unless it shows a listed cause (Missouri Pacific R. Co. v. Elmore & Stahl, 1964)
- A carrier and a shipper may make a written contract for specified services at specified rates. They may not waive registration, insurance or safety fitness (49 U.S.C. 14101(b))
Common carrier vs. contract carrier vs. private carrier
| Common Carrier | Contract Carrier | Private Carrier (FMCSA) | |
|---|---|---|---|
| Who it serves | The general public (48 CFR 47.001) | One person or a limited number of persons, under continuing agreements (48 CFR 47.001) | Its own business |
| Paid to haul? | Yes | Yes | No |
| FMCSA safety classification | For-hire motor carrier (49 CFR 390.5T) | For-hire motor carrier (49 CFR 390.5T) | Private motor carrier (49 CFR 390.5T) |
| Separate federal registration type today? | No. It registers as a motor carrier of property (49 CFR 365.107) | No. It registers as a motor carrier of property (49 CFR 365.107) | No operating authority. FMCSA ties commercial regulation to for-hire, non-exempt carriers |
| Where the term comes from | General law and the FAR | The FAR. FMCSA removed older references (78 FR 52608) | FMCSA's rules. General law uses private differently (Wex) |
What is a common carrier?
A common carrier is a carrier that offers its service to the general public. The Federal Acquisition Regulation puts it this way: a person holding itself out to the general public to provide transportation for compensation (48 CFR 47.001). That rule is for federal purchasing, but it is a clear federal wording. Cornell's Wex gives the same idea. It names railroads, airlines and taxi services as examples. A common carrier is open to the public, not to one customer.
What does common carrier mean for an owner-operator?
If you haul freight for pay, FMCSA calls you a for-hire motor carrier and registers you as a motor carrier of property (49 CFR 390.5T and 365.107). You do not have to pick between common and contract carrier. What matters to you is cargo liability. A carrier is liable for the actual loss or injury to the property it hauls (49 U.S.C. 14706(a)(1)). It escapes liability only by showing a listed cause, such as an act of God or the inherent vice of the goods (Missouri Pacific R. Co. v. Elmore & Stahl, 1964). So read the cargo terms on every rate confirmation and check your cargo insurance. A written contract can set specific services, rates and conditions. It cannot waive registration, insurance or safety fitness (49 U.S.C. 14101(b)). A freight broker is not a carrier. It arranges the haul (49 U.S.C. 13102(2)). If you lease on to a carrier, read the lease to see who carries the cargo liability. This page is general information, not legal advice.
Is a trucking company a common carrier?
It can be. A for-hire trucking company that offers its service to the general public fits the plain meaning. A carrier that hauls only for one customer under a continuing agreement fits the contract carrier meaning instead (48 CFR 47.001). Federal motor carrier law does not make a carrier pick one. FMCSA registers a for-hire carrier as a motor carrier of property (49 CFR 365.107). Its safety rules call it a for-hire motor carrier (49 CFR 390.5T). Whether one company is a common carrier can turn on the facts and on State law. This page is general information, not legal advice.
What is the difference between a common carrier and a contract carrier?
Who the carrier serves. A common carrier holds its service out to the general public. A contract carrier serves one person or a limited number of persons under continuing agreements (48 CFR 47.001). Both are paid to haul. The table sets them side by side with a private carrier. Today FMCSA does not register them as separate types. It registers a motor carrier of property.
Is a private carrier the opposite of a common carrier?
Not quite, because private has two meanings. In general legal usage, Wex says a private carrier only agrees to carry in particular circumstances and does not offer its service to the public. In FMCSA's rules, a private motor carrier moves property or passengers by commercial motor vehicle and is not a for-hire motor carrier (49 CFR 390.5T). That is a carrier that is not paid to haul. A contract carrier is still paid to haul. So under FMCSA's rules it is a for-hire carrier.
What duties does a common carrier have?
A carrier providing transportation under chapter 135 of the statute shall provide it on reasonable request. A motor carrier shall provide safe and adequate service, equipment and facilities (49 U.S.C. 14101(a)). On cargo, the carrier is liable for the actual loss or injury to the property (49 U.S.C. 14706(a)(1)). The Supreme Court says the Carmack Amendment codifies the common-law rule. A carrier is not an absolute insurer. It is liable unless it shows the damage came from an act of God, the public enemy, the shipper's own act, public authority, or the inherent vice or nature of the goods (Missouri Pacific R. Co. v. Elmore & Stahl, 1964). A carrier may limit its liability to a reasonable value the shipper declares or agrees to in writing (49 U.S.C. 14706(c)(1)(A)). See the Carmack Amendment page for claim deadlines.
Can a carrier and a shipper agree to other terms?
Yes, in a written contract. A carrier may contract with a shipper to provide specified services under specified rates and conditions (49 U.S.C. 14101(b)). If both sides expressly waive rights and remedies under that part, in writing, the transportation is not subject to the waived rights. They may not waive the rules on registration, insurance or safety fitness. The exclusive remedy for a breach is a court action, unless the parties agree otherwise. This rule does not cover household goods.
Does federal law still use the words common carrier?
Less than it used to. In its 2013 Unified Registration System rule, FMCSA said it removed obsolete references to common and contract carriage in 49 CFR 365.107, and to common and contract carriers in 387.301, as required by SAFETEA-LU (78 FR 52608). The statute's own list of definitions has no entry for either term (49 U.S.C. 13102). The words still appear in a few places. 49 U.S.C. 13902(d) is a transition rule. It lets the Secretary register a person as a motor common carrier or a motor contract carrier, using the meaning those terms had on December 31, 1995. We did not read that older text from an official copy. 49 CFR 365.101(h) names common, contract or private carriers for Mexico-domiciled carriers.
Is a freight broker a common carrier?
No. A broker is a person, other than a motor carrier or an employee or agent of a motor carrier, that sells or arranges transportation by motor carrier for compensation (49 U.S.C. 13102(2)). A broker arranges the haul. A carrier does the hauling. The statute lists a carrier as a motor carrier, a water carrier or a freight forwarder (49 U.S.C. 13102(3)).
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Frequently Asked Questions
What is a common carrier?+
A person or company that holds itself out to the general public to provide transportation for pay (48 CFR 47.001). Railroads, airlines and taxi services are examples (Wex).
Do I need to call myself a common carrier?+
No. FMCSA's rules ask whether you are paid to haul. If you are, you are a for-hire motor carrier, registered as a motor carrier of property (49 CFR 390.5T and 365.107). You do not choose between common and contract carrier. Read the cargo and insurance terms on your rate confirmations instead.
What is a common carrier in trucking?+
A for-hire trucking company that offers its hauling to the general public. Federal law now calls it a for-hire motor carrier and registers it as a motor carrier of property (49 CFR 390.5T and 365.107).
What is the difference between a common carrier and a contract carrier?+
Who it serves. A common carrier serves the general public. A contract carrier serves one person or a limited number of persons under continuing agreements (48 CFR 47.001). Both are paid to haul.
Is a private carrier the same as a contract carrier?+
No. A contract carrier is paid to haul. In FMCSA's rules a private motor carrier is not a for-hire carrier (49 CFR 390.5T). General legal usage also uses private to mean a carrier that does not offer service to the public (Wex).
Is a common carrier liable for lost or damaged cargo?+
A carrier is liable for the actual loss or injury to the property (49 U.S.C. 14706(a)(1)). It escapes liability only if it shows a specific cause, such as an act of God or the inherent vice of the goods (Missouri Pacific R. Co. v. Elmore & Stahl, 1964).
Does a common carrier have to haul for anyone who asks?+
A carrier providing transportation under chapter 135 shall provide it on reasonable request (49 U.S.C. 14101(a)). The word is reasonable. A written contract with a shipper can set specific services, rates and conditions (49 U.S.C. 14101(b)).
Does FMCSA still use the term common carrier?+
Rarely. FMCSA says it removed obsolete references to common and contract carriage from its rules, as required by SAFETEA-LU (78 FR 52608). A few mentions remain, such as 49 CFR 365.101(h).
Is a freight broker a common carrier?+
No. A broker arranges transportation by motor carrier for compensation. It is a person other than a motor carrier or its employee or agent (49 U.S.C. 13102(2)).
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This is industry terminology and typical practice. It is not legal or tax advice. Rates, fees, and rules mentioned are general ranges. Confirm the details on your rate confirmation, carrier agreement, or a current official source.