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TCRP J-05 [Active]
Legal Aspects of Transit and Intermodal Transportation Programs
Project Data |
Funds: |
$150,000 |
Continuing |
Staff Responsibility: |
Gwen Chisholm-Smith |
Research Agency: |
Transportation Research Board |
Effective Date: |
3/1/1993 |
Comments: |
Continuing |
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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 public transportation 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.
Topics in Development
- Topic 23-01 Legal Considerations for Transit Planning and Managing Large-Scale Events
- Topic 23-02 Compliance of Alternate Transit Options with State and Federal Requirements
- Topic 22-04 Update of Buy America
Topics in Progress
- Topic 22-01 Bus Stop Design and Location: Legal Impact on Tort and Civil RIghts Lawsuits
- Topic 22-03 Legal Aspects of Transit to Airports
Topics Completed/In Publication
- Topic 18-02 Codes of Conduct on Transit Vehicles and Property: Legal Issues
- Topic 19-03 Navigating the Complexities of Sensitive Security Information (SSI) and Protected Critical Infrastructure Information (PCII)
Published Topic Projects
- Topic 1-01, Transit Labor Protection--A Guide to Section 13(c) Federal Transit Act:
- Topic 1-02, Transportation Service Agreements: A Preparation and Reference Guide for Transit Attorneys:
- Topic 1-03, Legal Issues Associated with Intermodalism:
- Topic 1-04, State Limitations on Tort Liability for Public Transit Operations:
- Topic 1-05, Requirements That Impact the Acquistion of Capital-Intensive Long-Lead Items, Rights of Way, and Land for Transit:
- Topic 1-06, Strategies to Facilitate Acquisition and Use of Railroad Right of Way Transit Providers:
- Topic 1-07, Successful Risk Management for Rideshare and Car-Pool Matching Programs:
- Topic 2-01, Restrictions of Speech and Related Activity at Transit and Terminal Facilities:
- Topic 2-02, Reconciling ADA with Tort Liability Law:
- Topic 2-03, Legal Issues Related to Transit's Role in Natural Disasters:
- Topic 3-01, Innovative Financing Techniques for Transit Providers:
- Topic 3-02, The Impact of Civil Rights Litigation on Transit Decision Making:
- Topic 3-03, Zoning and Real Property Implications of Transit-Oriented Development:
- Topic 3-04, Impact of FTA and FRA Drug and Alcohol Regulations:
- Topic 3-05, Strategies to Minimize Liability Under Federal and State Environmental Laws:
- Topic 3-06, Legal Issues in Commuter Rail Operator Contracts:
- Topic 4-01, The Impact of the Federal Wage, Hour and Family Medical Leave Act on the Transit Industry:
- Topic 4-02, Privacy Issues in Public Transportation:
- Topic 5-01, Federal and State Licensing and Other Safety Requirements for Commercial Motor Vehicles, Operators and Equipment:
- Topic 5-02, Survey of Joint Development Projects:
- Topic 5-03, A Comprehensive Overview of the Transit Buy-America Provisions:
- Topic 5-04, A Compilation of Transit Law:
- Topic 6-01, Integrated Transit Operation and Maintenance, and the Use of Private Contractors:
- Topic 6-02, A Guide to ADA for the Transit Lawyer:
- Topic 6-03, Compilation of Labor (13c) Decisions:
- Topic 7-01, Transit Passengers and Civil Rights:
- Topic 7-02, State and Transit Authority Immunity from Law Suits:
- Topic 7-03, Compilation of FTA's Charter Bus Service Decisions:
- Topic 8-01, Trademarking and Licensing for Transit Providers:
- Topic 8-02, Innovative Financing Techniques for Transit Providers:
- Topic 8-03, Legislative History of Transportation [Transit]:
- Topic 8-04, FTA Interpretations The Americans with Disabilities Act:
- Topic 9-01, Privacy Issues with the Use of Smart Cards:
- Topic 9-02, The Use of Fees or Alternatives to Fund Transit:
- Topic 9-03, Applications of Physical Abilities Testing to Current Workforce of Transit Employees:
- Topic 9-04, Civil Rights Implications of the Allocation of Funds between Bus and Rail:
- Topic 9-05, Transit Bus Stops, Ownership, Liability, and Costs:
- Topic 9-06, Resources for Legal Issues Associated with Bus Maintenance:
- Topic 10-01, Sidewalks and Subways-Legal Distinctions between City Streets and Mass Transit Facilities as Public Forums:
- Topic 10-02, Avoiding Public Outrage and Legal Challenges from Transit Advertising:
- Topic 10-03, Competitive Bid Requirements Intersection with the need for Confidentiality of Specifications for Security Purposes:
- Topic 10-4, Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts
- Topic 11-01, Legal Handbook for the New Starts Process:
- Topic 11-02, Transit Oriented Development and Joint Development Case Studies and Legal Issues:
- Topic 11-03, Transit Agencies Compliance with Title VI, Limited English Proficiency Requirements:
- Topic 12-01, Guide to Buy America – Update:
- Topic 12-02, Reduction in Transit Services: Civil Rights, ADA, 13(c), Regulatory and Environmental Justice Implications:
- Topic 12-03, Legal Aspects Relevant to Outsourcing Transit Functions Not Traditionally Outsourced:
- Topic 12-4, Legal Arrangements for Use and Control of Real Time Data:
- Topic 13-01, Strategies to Facilitate Acquisition of New and Use of Existing Railroad Right of Way by Transit and Other Intercity Providers (Update):
- Topic 13-02, Legal Issues Involving Surety for Public Transportation Projects:
- Topic 13-03, Transit Labor 13(c) Employee Protection Digest:
- Topic 14-01, Phase 1 – Update SSTL, Volume 5, Transit Law:
- Topic 14-02, Transit Agencies Intergovernmental Agreements: Common Issues and Solutions
- Topic 14-03, Contractual Means of Achieving Highway Level Performance in Transit Contracts:
- Topic 15-01, Legal Issues with Obtaining Insurance on Large Transit Capital Projects:
- Topic 15-02, Legal Issues in Emergency Planning and Operations:
- Topic 15-03,Transit Agency Public Private Partnerships: Legal Issues:
- Topic 15-04, How HIPPA and Other Privacy Laws Affect Public Transportation Operations:
- Topic 16-01, Updated Guide to Buy America Requirements:
- Topic 16-02, Legal Issues Concerning Transit Agency Use of Electronic Customer Data, Estimated Compensation:
- Topic 16-03, Public Transit Emergency Preparedness against Ebola and Other Infectious Diseases: Legal Issues:
- Topic 16-04, Technology Contracting for Transit Projects:
- Topic 17-02, Legal Implications of Video Surveillance on Transit Systems:
- Topic 17-03, Legal Considerations in Relationships Between Transit Agencies and Ride-Sourcing Service Providers
- Topic 17-01, Impact of the Americans with Disabilities Act on Transit Agency Liability
- Topic 18-01, Tax Increment Financing for Transit Projects
- Topic 18-04, Joint Development Agreements Using FTA Funds or FTA Funded Assets
- Topic 18-05, Fix It, Sign It or Close It: State of Good Repair in an Era of Budget Constraints
- Topic 20-03, Policing and Public Transportation
- Topic 19-02, Legal Issues and Emerging Technologies
- Topic 20-01, Transit Mega Projects: Legal Issues
- Topic 21-02, Transit Agencies Providing or Subsidizing Innovative Micromobility Projects: Legal Issues
J-05/Topic 18-02 Codes of Conduct on Transit Vehicles and Property: Legal Issues
J-05/Topic 19-01 Legal Issues Regarding Multijurisdictional Transit Agencies
J-05/Topic 19-02 Legal Issues and Emerging Technologies
This TCRP Legal Research Digest provides transportation attorneys with guidance and resources to assist with these legal changes resulting from the implementation of technology, including regulatory challenges, risk management, cybersecurity, privacy, handling confidential and proprietary information, intellectual property rights, civil rights and environmental justice compliance, labor and employment law, and procurement issues.. The final report can be found here as TCRP LRD 59.
J-05/Topic 19-03 Navigating the Complexities of Sensitive Security Information (SSI) and Protected Critical Infrastructure Information (PCII)
J-05/Topic 19-04 Transit Sponsor and Contractor Delay Damages and Remedies Due to Third Parties - Transit Facility Improvements-Common Legal Issues and Solutions
J-05/Topic 19-05 Legal Issues Surrounding Disasters and Evacuations
J-05/Topic 20-01 Legal Issues in Transit Mega Projects--Case Studies
The final report can be found here as TCRP Legal Research Digest 60.
J-05/Topic 20-02 Liability Insurance Issues for Transit Lawyers: A Primer
J-05/Topic 20-03 Policing and Public Transportation
J-05/Topic 21-01 Update of Legal Research Digests Regarding Civil Rights, Privacy, and Other Related Digests
J-05/Topic 21-02 Legal Issues in Transit Agencies Providing/Subsidizing Innovative Micromobility Projects
STATUS: Research is complete. Published as TCRP LRD 61.
J-05/Topic 21-03 Update of Selected Studies in Transportation Law, Volume 5, 2014 Supplement (Transit Law)
J-05/Topic 22-01 Bus Stop Design and Location: Legal Impact on Tort and Civil Rights Lawsuits
J-05/Topic 22-02 Status of State and Local Suspension and Debarment Programs and Barriers to Creation and Implementation for State and Local Programs
J-05/Topic 22-03 Legal Aspects of Transit to Airports
J-05/Topic 22-04 Update of Buy America
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