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The National Academies

TCRP J-05 [Active]

Legal Aspects of Transit and Intermodal Transportation Programs

  Project Data
Funds: $200,000 (2012)
$50,000 (2013)
$250,000 (2014)
$250,000 (2015)
Continuing
Staff Responsibility: Gwen Chisholm-Smith
Research Agency: Transportation Research Board
Principal Investigator: James B. McDaniel
Effective Date: 3/1/1993
Comments: Continuing

The TCRP Legal Research Digest series reports on legal issues associated with transit and intermodal law. Each document is intended to provide transit attorneys with authoritative, well-researched, specific information that is limited in scope. The studies focus on legal issues and problems having national significance to the transit industry. The Legal Research Digest provides transit-related legal research on a wide variety of legal topics including:
 
  • Environmental standards and requirements;
  • Construction and procurement contract procedures and administration;
  • Civil rights and labor standards;
  • Tort liability, risk management, and system safety.
 In other areas of the law, transit programs may involve legal problems and issues that are not shared with other modes; as, for example, compliance with transit-equipment and operations guidelines, FTA financing initiatives, private sector programs, and labor or environmental standards relating to transit operations. Emphasis would be on research of current importance and applicability to transit and intermodal operations and programs.
 
Topic 1-01 Transit Labor Protection--A Guide to Section 13(c) Federal Transit Act
Consultant: G. Kent Woodman, Esq. and Jane Sutter Starke, Esq.; Eckert, Seamans, Cherin & Mellott
Start Date: September 1993
Expiration Date: June 1995--Completed

Status: The report was published as TCRP Legal Research Digest No. 4.


Topic 1-02 Purchase of Service Agreements for Public Transportation Agencies (Transit)
Consultant: Robert Weaver, Esq., Weaver & Prell
Start Date: September 1994
Expiration Date: April 1997--Completed

Status: This report was published as TCRP Legal Research Digest No. 8.


Topic 1-03 Legal Issues Associated with Intermodalism
Consultant: Russell Leibson, Esq., Carroll, Burdick & McDonough
Start Date: June 1994
Expiration: Date March 1996--Completed

Status: Published as TCRP Legal Research Digest No. 5


Topic 1-04 State Limitations on Tort Liability for Public Transit Operations
Consultant: Larry W. Thomas, Esq., Cameron & Hornbostel
Start Date: September 1993
Expiration Date: December 1994--Completed

Status: Published as TCRP Legal Research Digest No. 3


Topic 1-05 Procurement and Funding Procedures Which Impact the Procurement of Expensive Long Lead Items
Consultant: Kevin M. Sheys, Esq., Oppenheimer, Wolff & Donnelly
Start Date: October 1994
Expiration Date: January 1997--Completed

Status: Published as TCRP Legal Research Digest No. 6


Topic 1-06 Strategies to Facilitate Acquisition and Use of Right of Way
Consultant: Kevin M. Sheys, Esq., Oppenheimer, Wolff & Donnelly
Start Date: September 1993
Expiration Date: September 1994--Completed

Status: The report was published as TCRP Legal Research Digest No. 1.


Topic 1-07 Risk Management for Rideshare Carpool Matching Programs
Consultant: Russell Leibson, Esq., Carroll, Burdick & McDonough
Start Date: September 1993
Expiration Date: September 1994--Completed

Status: The report was published as TCRP Legal Research Digest No. 2


Topic 2-01 Restrictions of Speech and Related Activity at Transit and Terminal Facilities
Consultant: Norman Y. Herring, et al.
Start Date: September 1995
Expiration Date: May 1997--Completed

Status: The report was published as TCRP Legal Research Digest No. 10


Topic 2-02 Reconciling ADA with Tort Liability Law
Consultant: Robert Hirsch, Esq., Krukowski & Costello
Start Date: January 1996
Expiration Date: January 1998--Completed

Status: Published as TCRP Legal Research Digest No. 11


Topic 2-03 Legal Issues Related to Transit's Role in Natural Disasters
Consultant: --
Start Date: --
Expiration Date: Terminated

Status: Study was terminated due to lack of interest.


Topic 3-01 Innovative Financing Techniques for Transit Providers
Consultant: Mary A. Collins, Victor Hsu
Start Date: March 1996
Expiration Date: February 1999--Completed

Status: The report was published as TCRP Legal Research Digest No. 13.


Topic 3-02 The Impact of Civil Rights Litigation on Transit Decision Making
Consultant: Sandra Van de Walle
Start Date: April 1996
Expiration Date: December 1997--Completed

Status: This report was published as TCRP Legal Research Digest No. 7.


Topic 3-03 Zoning and Real Property Implications of
Transit-Oriented Development
Consultant: Robert Frelich, S. Mark White
Start Date: May 1996
Expiration Date: December 1997-Completed

Status: The report was published as TCRP Legal Research Digest No. 12


Topic 3-04 Impact of FTA and FRA Drug and Alcohol Regulations
Consultant: Robert Hirsch, Esq., Krukowski and Costello
Start Date: June 1996
Expiration Date: April 2001--completed

Status: The report was published as TCRP Legal Research Digest No. 16


Topic 3-05
Strategies to Minimize Liability Under Federal and State Environmental Laws
Consultant: G. Martin Cole, Rothberg & Logan
Start Date: August 1996
Expiration Date: September 1997--Completed

Status: The report was published as TCRP Legal Research Digest No. 9


Topic 3-06 Legal Issues in Commuter Rail Operator Contracts
Consultant: --
Start Date: --
Expiration Date: Terminated

Status: This project was terminated because there was a comparable TCRP Project J-6 Quick Response study.


Topic 4-01 The Impact of the Federal Wage, Hour and Family Medical Leave Act on the Transit Industry
Consultant: Laura D' Auri
Start Date: May 1998
Expiration Date: January 2001--Completed

Status: The report was published as TCRP Legal Research Digest 15


Topic 4-02 Privacy Issues in Public Transportation
Consultant: Mark McNulty, Special Counsel, State of Delaware
Start Date: September 1997
Expiration Date: September 1999--Completed
 
Status: The report was published as TCRP Legal Research Digest No. 14


Topic 5-01 Federal and State Licensing and Other Safety Requirements for Commercial Motor Vehicles, Operators and Equipment
Consultant: Rex Nichelson
Start Date: March 2000
Expiration: Date Completed

Status: The report was published as TCRP Legal Research Digest No. 18


Topic 5-02 Survey of Joint Development Projects
Consultant: Mattie Condray
Start Date: November 1999
Expiration Date: Terminated

Status: This research has been cancelled.


Topic 5-03 A Comprehensive Overview of the Transit Buy-America Provisions
Consultant: Jaye Pirshing Johnson
Start Date: January 2000
Expiration Date: September 2001--Completed
 
Status: The report was published as TCRP Legal Research Digest 17


Topic 5-04 A Compilation of Transit Law
Consultant: Paul Dempsey
Start Date: January 2000
Expiration Date: December 2004

Status: The Report is published as Selected Studies in Transit Law Vol. 5: Transit Law.


Topic 6-01 Integrated Transit Operation and Maintenance, and the Use of Private Contractors
Consultant: John Brennan, Attorney-At-Law
Start Date: October 2001
Expiration Date: Terminated

Status: Terminated


Topic 6-02 A Guide to ADA for the Transit Lawyer
Consultant: Cross, Gunther, Witherspoon, & Galchus, PC
Start Date: July 2001
Expiration Date: May 2003--Completed

Status: The digest has been published as
Legal Research Digest 19.


Topic 6-03 Compilation of Labor (13c) Decisions
Consultant: Shelly Brown & Associates
Start Date: June 2001
Expiration Date: May 2003--Completed

Status: This report is a collection of all 13c decisions from the Department of Labor. An index and a key issue digest was developed. This compilation has been published as Volume 6 in the Selected Studies in Transit Law Series.

Topic 7-01 Transit Passengers and Civil Rights
Consultant: Larry Thomas
Start Date: July 5, 2003
Expiration Date: June 2005--Completed

Status: The report has been published as
Legal Research Digest 20.


Topic 7-02 State and Transit Authority Immunity from Law Suits
Consultant: Cancelled
Start Date:
Expiration Date:

Status: Cancelled


Topic 7-03 Compilation of FTA's Charter Bus Service Decisions
Consultant: Shelly R. Brown
Start Date: March 15, 2003
Expiration Date: October 2004--Completed

Status: The report has been published as Volume 7, Selected Studies in Transportation Law.


Topic 8-01 Trademarking and Licensing for Transit Providers.
Consultant: Raju & Saracino, LLC
Start Date: October 1, 2004
Expiration Date: August 30, 2005

Status: The report has been published as
Legal Research Digest 21.


Topic 8-02 Innovative Financing Techniques for Transit Providers.
This study has been cancelled. 
 
Status: Cancelled.


Topic 8-03 - Legislative History of Transportation [Transit].
Consultant: Jocelyn Waite, Waite and Associates
Start Date: April 1, 2005
Expiration Date: July 1, 2006

Status: The report has been published as
TCRP Web-Only Doc 33

 
Topic 8-04 FTA Interpretations The Americans with Disabilities Act.
Consultant: Shelly Brown Associates
Start Date: 02/01/05
Expiration Date: 03/30/07

Status: Published as  
Legal Research Digest 23.
 
Topic 9-01 Privacy Issues with the Use of Smart Cards
Consultant: Paul Stephen Dempsey
Start Date: May 15, 2006
Expiration Date: May 15, 2007
 
Status: Published as Legal Research Digest 25

 
Topic 9-02 The Use of Fees or Alternatives to Fund Transit
Consultant: Jaye Pershing Johnson
Start Date: July 15, 2006
Expiration Date: September 15, 2008
 
Status: Published as Legal Research Digest 28  

 
Topic 9-03 Applications of Physical Abilities Testing to Current Workforce of Transit Employees
Consultant: Jocelyn Waite
Start Date: October 2008 
Expiration Date: December 15, 2010
 
Status: Published as Legal Research Digest 34  

 
Topic 9-04 Civil Rights Implications of the Allocation of Funds between Bus and Rail
Consultant: Larry Thomas
Start Date: October 18, 2006
Expiration Date: November 15, 2007 

Status: Published as
Legal Research Digest No. 27

 
Study Topic 9-05 Transit Bus Stops, Ownership, Liability, and Costs
Consultant: Jocelyn Waite of Waite & Associates
Start Date:  July 20, 2006
Expiration Date:  July 15, 2007
 
Status: Published as Legal Research Digest 24.
 
 
Study Topic 9-06
Consultant: Jocelyn Waite of Waite & Associates
Start Date:  July 20, 2006
Expiration Date:  July 15, 2007
 
Status: Published as Legal Research Digest 26 

 
Topic 10-01, Sidewalks and Subways – Legal Distinctions between City Streets and Mass Transit Facilities as Public Fora 
Author: Matthew Ames, Miller and Van EatonStart
Date: July 16, 2007Completion
Date: May 16, 2008 
 
Status: Published as Legal Research Digest 29.


Topic 10-02, Avoiding Public Outrage and Legal Challenges from Transit Advertising.
Author: Lew Bricker, Smith Amundsen
Start Date: August 1, 2008
Completion Date: August 1, 2010 
 
Status: Published as Legal Research Digest 33
 
Topic 10-03, Competitive Bid Requirements Intersection with the need for Confidentiality of Specifications for Security Purposes

Status: Cancelled.

 
Topic 10-4, Procurement
Author: Anthony Songer, Michael Loulakis & Michael Garvin
Start Date: January 1, 2008
Completion Date:  May  2011

Status: Completed-- Published as Legal Research Digest 39 


Topic 11-01, Legal Handbook for the New Starts Process
Author: Daniel Duff, Thompson Coburn
Start Date: June 4, 2008
Completion Date: October 2, 2009 
 
Status:  Completed--published as   Legal Research Digest 30


Topic 11-02, Transit Oriented Development and Joint Development Case Studies and Legal Issues
Author: John L. Renne, Andrew Bartholomew, The TOD Group
Start Date: June 24, 2008
Completion Date: September 2010
 
Status: Completed--Published as Legal Research Digest 36 and CD-96

 
Topic 11-03, Transit Agencies Compliance with Title VI, Limited English Proficiency Requirements
Author: Jocelyn Waite
Start Date: December 15, 2010
Completion Date: January 15, 2011

Status: Published as   Research Results Digest 97

 
Study Topic 12-01, Guide to Buy America – Update
Author: Jay Pershing Johnson
Start Date: January 15, 2009
Completion Date: January 2010
 
Status: Published as  Legal Research Digest 31

 
Study Topic 12-02, Reduction in Transit Services: Civil Rights, ADA, 13(c), Regulatory and Environmental Justice Implications
Author: Larry Thomas
Start Date: April 1, 2009
Completion Date:  December 30, 2010
 
Status: Published as Legal Research Digest 35
 
 
Study Topic 12-03, Legal Aspects Relevant to Outsourcing Transit Functions Not Traditionally Outsourced
Author: Kent Woodman & Daniel Duff
Start Date: April 1, 2009
Completion Date: June 30, 2011
 
Status: Published as Legal Research Digest 38 .

 
Study Topic 12-4, Legal Arrangements for Use and Control of Real Time Data
Author: Larry Thomas
Start Date: May 1, 2009
Completion Date: April 30, 2011
 
Status: Published as Legal Research Digest 37. 
 

 

Topic 13-01, Strategies to Facilitate Acquisition of New and Use of Existing Railroad Right of Way by Transit and Other Intercity Providers (Update)

Author:      K & L Gates, LLP, Kevin Sheys, Esq.

Start Date:   February 1, 2010

Completion: Terminated


Status: Terminated.

 

Topic 13-02, Legal Issues Involving Surety for Public Transportation Projects

Author: Michael Loulakis, Esq., Capital Strategies, LLC

Start Date:  April 1, 2010

Completion: August 31, 2011


Status: Published as TCRP Legal Research Digest 40.


 

Topic 13-03, Transit Labor 13(c) Employee Protection Digest

Author: Shelly Brown, Esq., Shelly Brown Associates, LLC

Start Date:    February 1, 2010

Completion:  April 30, 2012

 

Status: Published as   TCRP Legal Research Digest 41

 

 

Topic 14-01, Phase 1 – Update SSTL, Volume 5, Transit Law

Author:  Paul Dempsey

Start Date:   March 2011

Completion:  December 2014


 

The purpose of this project is to update the Selected Studies in Transportation Law:  Volume Five: Transit Law (Vol. 5) which was published in 2000.  Since that time, case law and statutes have evolved in the transportation industry.  The digest will include a comprehensive update of this Transit Law Volume and  an analysis of all sections to determine which sections need substantial updating and/or supplementing.  Particular attention will be given to the impact of recent statutory changes, changed practices, or regulations          

 

Status: Completed and published as Selected Studies in Transportation Law Volume 5:  Transit Law 2014 Supplement  in the TCRP Legal Research Digest Series.



Topic 14-02: Transit Agencies Intergovernmental Agreements: Common Issues and Solutions

 Author:  Larry Thomas

Start Date:   March 2011

Completion:  August 2012

             

Status: Completed and published as TCRP Legal Research Digest 42 and CD 122.


 

Topic 14-03: Contractual Means of Achieving Highway Level Performance in Transit Contracts

Author:  Larry Thomas

Start Date:   April 2011

Completion:  August 2012


Status: Completed and published as TCRP Legal Research Digest 43 and CD 134.

 

Topic 15-01: Legal Issues with Obtaining Insurance on Large Transit Capital Projects

Author:  Kerness Consulting
Start Date:     June 2012
Completion:  March 2014
The report will address how state law affects the ability to assign risk contractually, and the current practices for drafting contract provisions to manage risk. The report will also discuss competitive procurement and cost analysis issues, and methods of obtaining comparative pricing for various insurance options. The report will include the impacts of the various types of insurance programs on owner liability, project and contractor safety, and on disadvantaged and small business enterprise project participation. This research effort will also include a review of applicable federal and state laws (including FTA regulations) and how they may impact obtaining insurance, as well as industry practices.

Status: Completed and published as TCRP Legal Research Digest 47.


Topic 15-02: Legal Issues in Emergency Planning and Operations

Author:  URS

Start Date:   May 2012

Completion: September 2013
This report synthesizes and assesses laws, regulations, and guidance from the transit and homeland security industries as a means to help transit agencies better understand their legal responsibilities with respect to emergency planning and operational issues. One of the goals of the report is to help transit systems remain in compliance with emergency planning and operations requirements and guidance.

Status: Completed and published as TCRP Legal Research Digest 44.


Topic 15-03: Transit Agency Public Private Partnerships: Legal Issues

Author:  Larry Thomas

Start Date:  September 2012

Completion:  October 2013

This research will identify and discuss in detail legal issues arising from transit-related public private partnerships (PPP). By surveying entities that have previously made use of PPPs, conducting a literature search on PPPs, and reviewing PPP pilot program funding applications and materials, the project report will result in a TCRP Legal Research Digest that provides a detailed discussion useful for transit lawyers as they assist their agencies when negotiating PPP agreements and arranging for implementation of PPP programs


Status: Completed and published as TCRP Legal Research Digest 45.



Topic 15-04: How HIPPA and Other Privacy Laws Affect Public Transportation Operations

Author:  Larry Thomas

Start Date:   September 2013

Completion:  January 2014

This research will examine privacy legal issues in public transportation and paratransit services arising from HIPPA and other privacy laws. Public Transportation, including paratransit services, especially ADA paratransit services, maintain extensive records about their clients. These include: application materials filed by clients or their health professionals during the eligibility process; records created during the review of these applications; and databases, updated as service is provided, which record customers' destinations including clinics, hospitals, doctors offices, and dialysis centers.

Status: Completed and published as TCRP Legal Research Digest 46.
 

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