Glossary of Transportation Law Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

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Cab Forward Locomotive: A rare type, where the traditional cab end and smokebox end was reversed, with the tender located at the smokebox end.  A type existed briefly in Italy (a 4-6-0 coal burner), but the more successful versions were the 4-8-8-2 oil-burning types used by the Southern Pacific Railroad in the US.  This type afforded excellent forward vision for the driver and fireman (so much so that the driver could see the whole road without the fireman's aid) and put the exhaust behind the crew, clearing both vision and breathing (especially when travelling through tunnels).

Cab, All Weather: Popular component of colder-climate locomotive operations, where the locomotive cab was almost totally enclosed.  Canada and Russia had many examples.

Cargo Weight: Combined weight of all loads, gear and supplies on a vehicle.

Case Law: The law created by judges when deciding individual disputes or cases.

Casualty: A loss of property due to fire, storm shipwreck or other casualty, which is allowable as a deduction in computing taxable income.

Catamaran: A double or treble-hulled vessel constructed in wood, aluminum or reinforced glass fiber and is also composed of two or three hulls diagonally joined together by various methods. Normally no ballast is needed to counteract the center buoyancy since it enjoys good stability at sea.

Cause Of Action: The plaintiff’s legal claim against the defendant. There is often more than one cause of action in a lawsuit.

CB (Citizens Band Radio): Two-way radio for which no license is required by the Federal Communications Commission (FCC). Long beyond its heyday in the '70s, CB is still used by truckers and motorists for everything from traffic condition reports to emergency calls to idle chatter.

CDL (Commercial Driver's License): License which authorizes an individual to operate commercial motor vehicles and buses over 26,000 pounds gross vehicle weight. For operators of freight-hauling trucks, the maximum size which may be driven without a CDL is Class 6 (maximum 26,000 pounds gross vehicle weight).

Certiorari: Latin that means "to be informed of." Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari.

Challenge For Cause: Ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence.

Change Of Venue: A change in the location of a trial, usually granted to avoid prejudice against one of the parties.

Charging Lien: Entitles a lawyer who has sued someone on a client's behalf the right to be paid from the proceeds of the lawsuit, if there are any, before the client receives those proceeds.

Civil Aircraft: Aircraft other than public aircraft.

Civil Law: That part of the law which governs relationships between people where there is no criminal activity involved.

Coal Rails: Slatted extensions to tender sides to allow coal to be stacked higher on the tender.

Code Of Federal Regulations (as it relates to transportation law): 14 CFR 91 contains Federal Air Regulations Part 91.

Co-Defendant: A defendant joined together with one or more other defendants in the same case.

COFC (Container on Flat Car): Method of moving shipping containers which involves transporting them on railroad flat cars.

Comity: A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries.

Common Carrier: This is a freight transportation company, which serves the general public. It may be a regular route service (over designated highways on a regular basis) or irregular route (between various points on an unscheduled basis).

Common Law: Body of law that has grown based on the decisions of courts long ago. It originated in England and has since passed to the United States. It is always changing to reflect the current needs society.

Comparative Negligence: A defense to negligence used when it is believed that the plaintiff’s negligence contributed to his or her injuries. Based on the amount of negligence by each party, the amount of damages is adjusted accordingly.

Compensable Injury: An injury or disease arising out of and in the course of employment.

Compensatory Damages: Money awarded to reimburse actual costs, such as medical bills and lost wages. These damages are also awarded for things that are harder to measure, such as pain and suffering.

Complaint: A pretrial document filed in a court by one party against another that states a grievance, called a “cause of action.”

Compound Engine: A system applied to steam engines whereby the steam was used twice, once in 'high pressure cylinders' at the pressure developed in the boiler and afterwards in 'low pressure cylinders' using the steam exhausted from the high pressure cylinders.  The system was first tried on a locomotive of the UK Eastern Counties Railway in 1850 and later became popular for many locomotive designs world-wide.  The Midland Railway was the chief exponent in the UK.  It was sometimes referred to as 'continuous expansion'.

Consolidation Type Locomotive: A locomotive with a 2-8-0 wheel arrangement said to have been named after the merging of the Lehigh & Mahanoy RR and the Lehigh Valley RR in 1865.

Contingency Fee Agreement: An agreement between an attorney and their client, which allows the attorney to be paid only if the client prevails in a lawsuit and collects monetary damages. The lawyer then receives a percentage of the damages, generally 1/3 of the award.

Contributory Negligence: A defense to negligence, which points out that the plaintiff’s negligence contributed to his or her injuries. Contributory negligence is an absolute bar to the plaintiff’s recovery against the defendant.

Controlled Signal: A signal controlled by a control operator.

Contusion: A bruise, resulting from trauma caused by coming in contact with a blunt object.

Counterclaim: A demand by the defendant against the plaintiff asserting an independent cause of action in the same lawsuit.

Conventional Highway: As the name implies, this is the standard arterial road type. They can vary in width from two lanes to eight, but generally top out at four. These highways look and feel like normal streets and are complete with stop signs, signals, and full access from businesses and residences.

Crewmember: The term includes all aviators (rated crew members), non-rated crew members, and others who perform aircrew duties.

Crew List: List prepared by the master of a ship showing the full names, nationality, passport or discharge book number, rank and age of every officer and crew member engaged on board that ship. This serves as one of the essential ship's documents which are always requested to be presented and handed over to the customs and immigration authorities when they board the vessel on arrival.

Cross Examination: Questioning the witness who has been presented by the opposition at trail or a deposition.

Cylinder: The heart of the main power conversion system of the steam engine.  A locomotive has at least two cylinders, mounted at the leading end so as to be clear of the driving wheels.  Next to each cylinder is a valve which controls the flow of steam into and out of it.  Normally, a cylinder and its valve chest are cast in a single block which is carried on one of the side frames.