The C&TS has never had any published freight rates, so if that is what makes it a "common carrier", then the answer would be "No". That does not prevent special one-off moves done at a negotiated rate. If I recall the D&S had some sort of rates and considered themselves a common carrier. That might have been part of the sale aggreement between the D&RGW and Bradshaw.
At one time the D&S also had to answer to the Colorado Public Utilities Commission concerning passenger fares, which they no longer do. The C&TS never had to deal with the PUC or any other agency concerning passenger fares.
Until the mid-1990's the D&S paid into RR Retirement. Soon after the sale to Al Harper, he petitioned to be removed from that. The removal from Common Carrier status may of happened about the same time.
The C&TS was under RR Retirement from the beginning, based on its interstate status. This is what also put the RR under FRA jurisdiction for locomotive inspection. When George Bartholomew took over in 1997 he wanted out from under RRRet. All of us in supervisory positions ganged up on him and threatened to quit if he did so. He grudging backed down, but he began a campaign to get out from RRRet which he finally succeeded at a few years later. The RRRet Board did conceed that the C&TS probably should never have been under RRRet from the git go as despite being and "interstate carrier" it was not involved in "interstate commerce as part of the general system of transportation" as it is an "isolated but non-insular railroad"
Earl
...who is enjoying a very comfortable retirement thanks to the Rairoad Retirement Board
Edited 2 time(s). Last edit at 06/28/2022 12:51PM by Earl.