FERRY
A specially constructed vessel to bring passengers
and property across rivers and other bodies of
water from one shoreline to another, making con-
tact with a thoroughfare at each terminus. The
landing place for a boat. A right or privilege to
maintain a vessel upon a body of water in order to
transport people and their vehicles across it in
exchange for payment of a reasonable toll.
Technically a ferry is considered a continua-
tion of a highway from one side of the body of
water that it passes over to the other.
The privilege of handling a ferry is called a
franchise. A ferry franchise is a permit from the
state to a specifically named individual giving that
person the authority to operate a ferry. It is a gen-
eral prerequisite to the lawful establishment of a
public ferry. The operator of a ferry is not relieved
of the duty to obtain a franchise by formation of
a company, since the franchise becomes a con-
tract between the owner and the state.
Usually the grant of a ferry franchise implic-
itly gives the recipient the power to collect tolls.
Ferriage is the fare that the ferry operator may
charge. The unauthorized establishment of
another ferry within competing distance of an
already existing one constitutes an infringement
of the ferry franchise, even in the absence of
physical interference.
A ferry franchise can be terminated either by
expiration of its term or by revocation by the
licensing authorities. It is generally subject to
renewal, for which the original owner is usually
given a preference.
A public ferry is for use by the public at
large, whereas a private ferry is operated solely
for the benefit of its proprietor.
The state has intrinsic authority to regulate
and control ferries that operate within its bor-
ders. It may exercise such power by law or by
contract with the operator. The state may regu-
late the transportation of dangerous articles, the
nature and frequency of service, and the loca-
tion of terminals. In addition, it may impose a
license fee or tax on the operation of ferries
