PREAMBLE

The Transit Cooperative Research Program (TCRP) plans to issue a subaward for a study and report. Legal reports sponsored by this project are published in TCRP's Legal Research Digest (LRD) series. Publications are available to some libraries and approximately 4,000 transportation lawyers and officials through the TRB distribution network.

BACKGROUND

The public transit landscape has expanded beyond traditional systems, with various agencies and private companies now providing transportation options to the public. These include transportation network companies (TNCs), taxis, and paratransit service providers. When these service providers establish contractual partnerships with federally funded transit agencies, they become subject to federal requirements.

In June 2018, TCRP LRD 53: Legal Considerations in Evaluating Relationships Between Transit Agencies and Ridesourcing Service Providers was published. This digest examined whether such providers were eligible for federal financial assistance and analyzed the legal implications of their partnerships with transit agencies. At the time, ride-sourcing services were relatively new to the transit industry. TCRP LRD 53 identified significant challenges these providers faced in meeting state and federal requirements.

Updating TCRP LRD 53 is now essential due to the significant changes that have occurred in this field. Since 2018, the number of companies entering the market has grown considerably. Additionally, federal and state governments have introduced new regulations and prioritized the enforcement of existing requirements, such as those under the Americans with Disabilities Act (ADA). The legal landscape has also evolved, with increased litigation addressing key issues related to these partnerships. An updated report should reflect these changes and provide transit agencies with up-to-date legal guidance.

OBJECTIVE

The objective of this research is to develop practical guidance and summarize relevant laws, litigation, and policy developments to support public transportation agencies, their legal counsel, and policymakers in decision-making related to contracting with service providers and ensuring compliance. The research aims to provide a comprehensive update to TCRP LRD 53 by addressing the following:

1.            Legal and Policy Framework

• • Summarize case law, federal, state, and local statutes, and other legal developments since the publication of TCRP LRD 53.
    
    
  • Provide an overview of federal, state, and local requirements governing ride-sharing services, including enforcement actions taken by relevant authorities.

2.            Agency Practices and Partnerships

• • Review selected public transportation agencies to highlight examples of effective collaboration with service providers, detailing the types of ride-sharing services involved (e.g., taxis, paratransit providers, and TNCs like Lyft and Uber) and the nature of their partnerships with transit agencies.

3.            COVID-19 Impact and Emerging Trends

• • Explore how the COVID-19 pandemic has influenced partnerships with TNCs and paratransit providers, focusing on:
    • Pandemic-related shifts in public transit reliance and increased use of alternative options.
    • Remote work trends and their impact on demand for these services.
    • Effects on public access, utilization, and equity stemming from pandemic-driven service changes.

4.            Service Compliance and Effectiveness

• • Examine the services provided by ride-sharing entities to transit agencies and the public, analyzing their compliance with regulatory requirements and the effectiveness of enforcement mechanisms.  

Accomplishment of the project objective(s) will require at least the following tasks.

TASKS

Task 1.  Develop a research plan and detailed report outline. The consultant will conduct background research and develop a complete research plan that includes all relevant laws, regulations, and guidance necessary to complete this study. The outline should be about 10-15 pages and contain sufficient detail to inform the committee of what a 75-100-page report will contain. This outline should contain the number of pages for each proposed section or subsection. The consultant will submit this material to the committee for consideration.

Task 2. Conduct research. After approval of the work plan, the consultant should conduct additional research and case and statutory/regulatory analysis.

Task 3.  Submit a draft report in accordance with the approved work plan (including modifications required by TCRP).

Task 4. Submit a final report. The consultant should anticipate making two revisions to the report before it is finalized. One revision may be required after review by TCRP staff and members of a subcommittee. Final revisions may be necessary after the full committee has reviewed the report.

 PAYMENT SCHEDULE

25% paid upon submission and approval of the Task 1 report.

50% paid upon submission and approval of the Task 3 draft report.

25% paid upon submission and approval of the final report (following revisions as required by TCRP).

STATUS: A response has been received for this RFP. The project panel will meet to determine next steps.