Thanks for joining me for another edition of the SerenityThroughSweat blog. Studying for my commercial pilots license I remember being especially drawn to the murky idea of common carriage. I think it has a lot of similarities to the murky situation we find ourselves in now as we start to re open the country.
I’ve been told on more than one occasion that I missed my calling to be a lawyer. I enjoy a good heated debate, especially if there is reason, logic, and meritorious points to be made by both sides. I think this is what drew the 20 year old college kid into the idea of common carriage, and why it has stuck with me after 13 odd years despite having little to no relevance in my professional life.
I’ll start by saying I don’t really know what common carriage is because it is an Intentionally unclear regulation, but it was very important that I be able to regurgitate the concept for my commercial pilot check ride. The idea is, when you get a commercial pilots license, you can be paid to fly airplanes. But, you can’t just go around doing business with, and flying anyone who asks, because that would make you a de facto airline, and subject to different standards, procedures, and regulations. So you are left with this intentionally murky grey area where you can have individual contracts for flight services so long as you are not “holding yourself out”
If you are still following along awesome, if not, that’s kind of the point. Individuals can do business with each other because a one on one business relationship places the onus on both parties to vet each other. When providing a service to the entire community, some sort of overseeing body does the vetting, theoretically in the best interest of those being served. In other words, if I’m hiring you to drive my car the responsibility is on me, but if I call an Uber, the department of transportation has made sure (in theory, I don’t know, it’s just an example for those of you not aviation inclined) that the driver and Uber have gone through the appropriate processes and procedures.
As we start to re open our communities to business I think there is a lot of similarities in the murky nature commercial services. Let’s say like most of us you’ve been socially distancing for more than a few weeks and you need a haircut. You happen to have an aunt who is a stylist and she was already coming over for mother’s Day. Can she cut your hair while she visits? Is it ok if you pay her? That’s only one person so it is an “individual contract” not a willingness to cut everyone’s hair.
My dad is a homebrewer, and a quite accomplished one at that. He has brewed beer for countless family gatherings and events, and has been asked to brew beer for friend’s events and weddings. But, he is not allowed to accept payment for brewing beer for those events or weddings, it must be a gift, otherwise he would be distributing alcohol without the proper processes and procedures (established by the governing body in the “best interest” of the community)
Without getting too political (this is normally a fitness and fatherhood blog) I think it is possible for the social contract to be strong enough to remove the need for heavy handed, intentionally murky oversight. If you want to cut hair out of your garage you should be able to, and your customers should know what type of precautions you are taking. If you want to buy someone’s beer, you can ask them about the brewing process to see if the ingredients and cleanliness meet your standards. (And the beer will probably be garbage if it doesn’t anyway)
The onus to take precautionary measures for the good of each other is a concept that should guide business decisions whether it is an individual contract or a community service, and whether it is government mandated or not. I think companies that want to compete moving forward will do so not just in terms of product quality and service, but also cleanliness and safety precautions. Likewise, consumers should be able to make the decision what businesses that want to support based on those same criteria.
All of this is foreign, and there is no playbook, but giving people the freedom to do the right thing, rather than bogging them down with murky regulation is what will help all of us move forward towards Serenity together.
Thanks for joining me, stay safe and stay sweaty my friends.
This week in SerenityThroughSweat, Speedy is 6 weeks old and showing some appreciations for mom and dad’s sleep deprivation. My longest stroller run to date with El Duderino and some much needed projectile meditation.