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Questions and Answers
What does the acronym DOTr stand for in the context of common carrier jurisdiction?
What does the acronym DOTr stand for in the context of common carrier jurisdiction?
Department of Transportation
What is the meaning of LTFRB within the framework of public land transportation services?
What is the meaning of LTFRB within the framework of public land transportation services?
Land Transportation Franchising and Regulatory Board
What does LTO stand for, and what is its primary role?
What does LTO stand for, and what is its primary role?
Land Transportation Office
Explain what MARINA stands for and its function in the maritime sector.
Explain what MARINA stands for and its function in the maritime sector.
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What does PNR represent in the context of regional transportation services?
What does PNR represent in the context of regional transportation services?
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What does the acronym CAB stand for in the context of air transportation in the Philippines?
What does the acronym CAB stand for in the context of air transportation in the Philippines?
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What is the meaning of CAAP in relation to aviation in the Philippines?
What is the meaning of CAAP in relation to aviation in the Philippines?
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Which agency's primary responsibility includes granting foreign airlines increases in frequencies and capacities on international routes?
Which agency's primary responsibility includes granting foreign airlines increases in frequencies and capacities on international routes?
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What does CPCN stand for and what is its purpose in air commerce?
What does CPCN stand for and what is its purpose in air commerce?
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Which government agency is responsible for investigating aviation accidents in the Philippines?
Which government agency is responsible for investigating aviation accidents in the Philippines?
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What does ATO stand for, and how does it relate to CAAP?
What does ATO stand for, and how does it relate to CAAP?
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Which law governs the regulation of the airline industry in the Philippines?
Which law governs the regulation of the airline industry in the Philippines?
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In the context of air transportation, what does the term 'air commerce' refer to?
In the context of air transportation, what does the term 'air commerce' refer to?
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What does the term 'contract of carriage' imply in the context of common carriers?
What does the term 'contract of carriage' imply in the context of common carriers?
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What distinguishes a common carrier from a private carrier?
What distinguishes a common carrier from a private carrier?
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What is meant by 'extraordinary diligence' concerning the responsibilities of common carriers?
What is meant by 'extraordinary diligence' concerning the responsibilities of common carriers?
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When does the duty of common carriers to exercise diligence commence?
When does the duty of common carriers to exercise diligence commence?
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Under what circumstances are common carriers presumed to be at fault or negligent?
Under what circumstances are common carriers presumed to be at fault or negligent?
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What responsibility do common carriers have regarding injuries caused by third parties?
What responsibility do common carriers have regarding injuries caused by third parties?
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What is the significance of the landmark case 'Dangwa Transportation Co. v. Court of Appeals'?
What is the significance of the landmark case 'Dangwa Transportation Co. v. Court of Appeals'?
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Why is the notion of public reliance on common carriers essential in transportation law?
Why is the notion of public reliance on common carriers essential in transportation law?
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Study Notes
Transportation Laws and Regulations
- Transportation is the movement of people and goods from one location to another.
- Transportation moves products from one mode in the distribution channel to another.
Modes of Transportation
- Land Transport: Rail and road
- Water Transport: Ships and boats
- Air Transport: Planes and helicopters
- Intermodal Transportation: A combination of two or more transport kinds.
Roles of Transportation in Logistics
- Transportation connects a firm to suppliers and customers.
- In a network, transportation is the link between fixed facilities (nodes).
- Transportation adds value to goods by providing time and place utility.
Legal Classification of Carriers
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Common Carrier: Services the general public at reasonable rates without discrimination. Carriers are liable for damages to goods carried except for acts of God, public enemy, shipper, or inherent defects. Common carriers are the backbone of the transportation industry.
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Regulated Carrier: Found in motor and water carriage, with regulations, including entry controls and reasonable rates. They must provide safe and adequate service.
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Contract Carrier: Serves one or a few shippers exclusively, May offer specialized equipment, and the carrier/shipper relationship is contractual. Typically have lower rates than common carriers.
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Private Carrier: The firm's own transportation, not for hire, and not subject to Federal regulations. Usually, not the firm's primary business and can charge an intra-company fee. Gain ultimate control over shipments and have greater flexibility.
Common Carrier Elements
- Business of transportation: Engaged in transporting passengers or goods.
- For compensation: Receiving payment for services.
- For public use: Offers services to all people without special selection processes.
Common Carrier vs. Private Carrier
- Common Carrier: Holds itself out for hire to the public, required to provide services to everyone, and subject to regulations.
- Private Carrier: Acts on a contractual basis, not required to serve the public, and not subject to regulations.
Characteristics of Common Carrier
- Public Service: Acts as a public service for goods transportation.
- No Discrimination: Cannot decline to carry goods for arbitrary reasons.
- No Monopoly: The Public Service Commission ensures reasonable rules and public convenience.
- Public Convenience: Aimed at convenience for the public.
Extraordinary Diligence and Responsibility in Common Carriers
- Common carriers are responsible for diligence in protecting goods and passengers.
- Presumption of negligence in cases of damage or injury if extraordinary diligence is not proven.
- Responsibility continues even for temporarily stored goods until delivery to recipient.
Period When Extraordinary Diligence Ends
- Responsibility ends when goods or passengers are delivered.
- Temporary storage of goods by carrier is an exception and responsibility is continued.
Common Carrier Absolution from Liability
- Natural disasters (flood, storm, earthquake, lightning)
- Acts of public enemy (wartime acts)
- Character or defects in goods or packaging
- Order of competent public authority.
Contract of Carriage
- Agreement between a carrier and shipper (or passenger).
- Defines rights, duties and responsibilities of parties.
- Can include provisions for acts of God, force majeure, and other special conditions.
Air Waybill (AWB) and Bill of Lading (B/L)
- AWB: Air transportation document acting as delivery instructions, cargo receipt, a non-negotiable document
- B/L: Ocean freight documents, serving as a cargo receipt.
Liabilities of International Air Carriers (Warsaw Convention and Montreal Convention):
- Suits are limited to specific locations (e.g., where the ticket was purchased, carrier's primary business location or destination.)
- Time limits apply for filing notices of claims of damages or injuries.
Carriage of Goods by Sea (COGSA)
- Not included in this study guide.
Damages Recoverable from Common Carriers
- Actual (compensatory) damages: Direct financial losses.
- Moral damages: Non-pecuniary losses (mental anguish, fright, etc.).
- Nominal damages: Recognizing a violated right without substantial loss.
- Temperate/moderate damages: Losses not precisely quantifiable.
- Liquidated damages: Pre-agreed compensation for breach of contract.
- Exemplary/corrective damages: Punitive for malicious or reckless conduct
Government Agencies Involved in Tourism Transportation
- Department of Transportation (DOTr)
- Land Transportation Franchising and Regulatory Board (LTFRB)
- Land Transportation Office (LTO)
- Maritime Industry Authority (MARINA)
- Philippine Coast Guard
- Philippine National Railways (PNR)
- Metro Rail Transit/Light Rail Transit
- Ninoy Aquino International Airport
- Philippine Ports Authority
- Civil Aeronautics Board (CAB) and Air Transportation Office (ATO), now the Civil Aviation Authority of the Philippines (CAAP)
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Description
Test your knowledge on transportation laws and the various modes of transportation. This quiz covers crucial aspects such as the roles of transportation in logistics and the legal classifications of carriers. Prepare to dive into the intricacies of how transportation connects suppliers and customers.
