The National Academies

TCRP J-05/Topic 19-02 [Active]

Legal Issues and Emerging Technologies
[ TCRP J-05 (Legal Aspects of Transit and Intermodal Transportation Programs) ]

  Project Data
Funds: $50,000
Staff Responsibility: Gwen Chisholm-Smith
Research Agency: Windels Marx Lane & Mittendorf LLP
Principal Investigator: Matthew W. Daus
Effective Date: 2/21/2020
Comments: Research in Progress

Many benefits could be realized by U.S. public transportation agencies from implementing advanced and emerging technologies such as positive train control, electric buses, on-demand technology, open architecture concept for fare collection system, and enterprise asset management. Some of these technologies have significant implications for service delivery models and have the potential to radically change how public transportation systems are used in the future and question the relevancy of public transportation systems as presently structured.
Technology is rapidly changing public transportation so transportation attorneys will need to exercise due diligence as they navigate the consideration and adoption of emerging technology.
Transit attorneys are faced with questions related to the process by which due diligence is conducted and the legal issues that should be addressed within the existing regulatory and legislative framework. Research is needed to help transportation attorneys navigate common legal challenges within the emerging technology field.
The objective of this project is to produce a legal research digest that provides transportation attorneys with guidance and resources to assist with the legal changes that will result from the consideration and implementation of advanced and emerging technologies. This digest should include the legal approaches taken and why, how they were implemented, problems encountered, resulting changes in practice, and lessons learned.
Legal issues should address a range of topics related to the objective, such as, but not limited to, the following:
  • Insurance and risk management
  • Physical security
  • Cybersecurity and privacy
  • ADA
  • Labor and employment
  • Title VI
  • Environmental justice
  • Legislation and regulation-state/local/federal
  • Procurement statutes
  • Confidentiality/proprietary/TPIA
  • Investment challenges
  • Emergency preparedness
  • Intellectual property

Status: Research in Progress.

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