TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Larry W. Thomas TI - Impacts of the Americans with Disabilities Act on Transit Agency Liability DO - 10.17226/25329 PY - 2018 UR - https://nap.nationalacademies.org/catalog/25329/impacts-of-the-americans-with-disabilities-act-on-transit-agency-liability PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 54: Impacts of the Americans with Disabilities Act on Transit Agency Liability explores the types of Americans with Disabilities Act (ADA) requirements and legal claims against transit agencies. The ADA has transformed U.S. transit agencies, which now have sophis­ticated programs to address a wide variety of accessibility goals in such areas as the design of transit stations, bus and rail vehicle design, media stop announcements, para­transit programs, website design and content, and many other tools that address ADA requirements. This research presents an assessment of challenges in implementing the ADA from the perspective of transit operators. Additionally, this digest summarizes relevant guidance from the U.S. Federal Transit Administration. Download the following appendix that accompanies the report:Appendix D: Transit Agencies' Policies, Procedures, and Other Materials ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Eric T. Smith TI - Preemption of Worker-Retention and Labor-Peace Agreements at Airports DO - 10.17226/24692 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24692/preemption-of-worker-retention-and-labor-peace-agreements-at-airports PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 31: Preemption of Worker-Retention and Labor-Peace Agreements at Airports serves as an overview of issues related to labor-harmony or labor-peace agreements for airport management personnel and other interested personnel, including airport authority board members or elected officials. These agreements generally require that, as a condition of operating on-airport property, an organization must become signatory to some form of an agreement with a labor organization. These matters are usually injected into the conduct of on-airport business by the sponsor, including certain contractual language in the agreements between the sponsor and the business. The implications of involving the airport in such matters may be dramatic, far-reaching, and fraught with legal entanglements. This is especially true with respect to labor-harmony or labor-peace agreements. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Jocelyn K. Waite TI - Legal Considerations in Relationships Between Transit Agencies and Ridesourcing Service Providers DO - 10.17226/25109 PY - 2018 UR - https://nap.nationalacademies.org/catalog/25109/legal-considerations-in-relationships-between-transit-agencies-and-ridesourcing-service-providers PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 53: Legal Considerations in Relationships Between Transit Agencies and Ridesourcing Service Providers explores the efforts made by public transit agencies to provide on-demand services to the public.It also provides transit agencies with legal guidance for considering whether to enter into relationships with ridesourcing service providers (RSPs).The report includes a description of ridesourcing services in the United States, state and municipal legislative and regulatory schemes, procurement and procurement processes, contractual and partnership provisions in agreements between RSPs and a public transit agency, issues of compliance with federal legislation and civil rights requirements and those under the Americans with Disabilities Act, legal claims and litigation, and risk management issues stemming from relationships between RSPs and transit agencies. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Timothy M. Ravich TI - Evolving Law on Airport Implications by Unmanned Aerial Systems DO - 10.17226/24932 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24932/evolving-law-on-airport-implications-by-unmanned-aerial-systems PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 32: Evolving Law on Airport Implications by Unmanned Aerial Systems provides guidance to enhance understanding of the basic legal and operational issues presented by civil unmanned aerial systems (UAS), and evaluates best practices for managing these issues. The digest covers background on UAS uses, applications, regulations, and definitions, leading to operations within the National Airspace System (NAS), the issues of federalism as it relates to local and state laws, tort law implications, operations at airports, and best practices for airport operators. Appendix B—Guidance and Policy Documents and Appendix I—Summary of Interviews and Poll Results are available online. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Nicholas Tomizawa TI - Legal Issues in Public Transit Emergency Planning and Operation DO - 10.17226/22447 PY - 2013 UR - https://nap.nationalacademies.org/catalog/22447/legal-issues-in-public-transit-emergency-planning-and-operation PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 44: Legal Issues in Public Transit Emergency Planning and Operation 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. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine TI - The Impact of Airline Bankruptcies on Airports DO - 10.17226/23029 PY - 2009 UR - https://nap.nationalacademies.org/catalog/23029/the-impact-of-airline-bankruptcies-on-airports PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 6: The Impact of Airline Bankruptcies on Airports examines legal issues presented by the filing of airline bankruptcies that are relevant to airports, and explores how airport lawyers and courts have responded to those issues. The report highlights the basics of bankruptcy theory and law relevant to airport operating agreements with airlines, and identifies issues such as lease recharacterization and payment of stub period rent that particularly affect airports dealing with airlines in bankruptcy. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Jodi Howick TI - Overview of Airport Duties and Standards of Care in Airfield Accident Cases DO - 10.17226/24940 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24940/overview-of-airport-duties-and-standards-of-care-in-airfield-accident-cases PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 33: Overview of Airport Duties and Standards of Care in Airfield Accident Cases provides an overview of the legal duties and standards of care that may create liability when operating a public airfield. It discusses negligence principles and reviews duties and standards of care in an airfield accident context, including the extent to which federal preemption may apply. The digest concludes with a section discussing many types of airfield conditions that have allegedly contributed to an accident or to liability concerns in past cases. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Larry W. Thomas and James B. McDaniel TI - Legal Issues Concerning Transit Agency Use of Electronic Customer Data DO - 10.17226/24730 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24730/legal-issues-concerning-transit-agency-use-of-electronic-customer-data PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest (LRD) 48: Legal Issues Concerning Transit Agency Use of Electronic Customer Data explores the advantages, disadvantages, risks, and benefits for transit agencies moving to electronic, cloudbased, and other computerized systems for fare purchases and for communicating with customers. “Smart” fare cards are now commonplace, and private businesses and transit agencies are using or planning to use smartphones, smart cards and credit cards, and other systems to obtain payment, location, and other personal data from customers.This digest updates TCRP LRD 14: Privacy Issues in Public Transportation (2000) and TCRP LRD 25: Privacy Issues with the Use of Smart Cards (2008) and covers additional dimensions of collection and use of personal information using new technologies developed since those studies. Appendix A-D are available online only. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Leila Barraza and Elizabeth Hall-Lipsy TI - Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties DO - 10.17226/25227 PY - 2018 UR - https://nap.nationalacademies.org/catalog/25227/airport-public-health-preparedness-and-response-legal-rights-powers-and-duties PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 34: Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties addresses the legal issues concerning the measures to detect communicable diseases, regulations to control communicable diseases, methods for decontamination, emergency legal preparedness, privacy, and potential sources of liability. This digest provides a checklist that airport attorneys and other staff can use to help prepare, plan, and coordinate with their partners in response to a threat of a communicable disease. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Larry W. Thomas TI - Legal Implications of Video Surveillance on Transit Systems DO - 10.17226/25055 PY - 2018 UR - https://nap.nationalacademies.org/catalog/25055/legal-implications-of-video-surveillance-on-transit-systems PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 52: Legal Implications of Video Surveillance on Transit Systems explores the use of video surveilance systems on buses, trains, and stations. The widespread use of such video surveillance systems has generated numerous legal issues, such as a system’s ability to utilize video to discipline union and non-union employees, safety issues associated with such use, public access to such video, and retention policies regarding video, among others. This digest explores federal and state laws to address these issues, along with the current practices employed by transit agencies to comply with those laws.The report appendicies are available online:Appendix A: List of Transit Agencies Responding to the SurveyAppendix B: Survey QuestionsAppendix C: Summary of Transit Agencies’ Responses to Survey QuestionsAppendix D: Compendium of Federal and State Statutes on Audio and Video SurveillanceAppendix E: Documents Provided by Transit Agencies ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Trudy C. Henson A2 - Megan Timmons A2 - James McDaniel TI - Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues DO - 10.17226/24795 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24795/public-transit-emergency-preparedness-against-ebola-and-other-infectious-diseases-legal-issues PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 50: Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues examines responses to infectious disease epidemics and identifies legal issues that may be confronted by transit agencies. It considers federal and state laws and available court decisions affecting transit agencies’ responses to infectious disease outbreaks, including potential cohesiveness among transit agencies’ procedures and federal and state guidance. The digest also examines the legal basis for the protocols that public transit agencies and other transportation providers such as airlines have planned or implemented to respond to epidemics and pandemics. This report builds upon the 2014 NCHRP Report 769: A Guide for Public Transportation Pandemic Planning and Response. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Charles A. Spitulnik A2 - Allison I. Fultz A2 - Christian L. Alexander TI - Issues that Emerge When Public Entities Acquire a Real Property Interest in Rail Lines DO - 10.17226/21927 PY - 2016 UR - https://nap.nationalacademies.org/catalog/21927/issues-that-emerge-when-public-entities-acquire-a-real-property-interest-in-rail-lines PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest (LRD) 3: Issues that Emerge When Public Entities Acquire a Real Property Interest in Rail Lines presents potential issues and solutions that may emerge when state and local governments seek to acquire real property interests from an operating railroad in active rail corridors. The report also includes an annotated term sheet template for pursuit of the transaction. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Timothy R. Wyatt and James B. McDaniel TI - Takings and Mitigation DO - 10.17226/23619 PY - 2016 UR - https://nap.nationalacademies.org/catalog/23619/takings-and-mitigation PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 70: Takings and Mitigation explores the extent to which permitting agencies are able to advance public policy goals in the land-use permitting and project development processes, or at what point they are considered unconstitutional exactions. This digest provides updated legal research regarding the legal standard for exactions, including the impact of the 2013 Koontz v. St. John’s River Water Management District decision on the ability of state transportation agencies and other permitting agencies to advance public policy goals in the land-use permitting and project development processes. The digest also clarifies, to the extent possible, the point at which such exactions become unconstitutional takings and the application of the essential nexus test to both on-site and off-site exactions, to address impacts to the highway system and environmental system impacts. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Larry W. Thomas TI - Liability of State Departments of Transportation for Design Errors DO - 10.17226/24681 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24681/liability-of-state-departments-of-transportation-for-design-errors PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 74: Liability of State Departments of Transportation for Design Errors covers liability insurance for design errors and omissions. It also examines public construction law, professional liability, and product warranties. This study demonstrates that litigation has defined the parameters of a transportation department’s liability for design errors or omissions. State tort- and sovereign-immunity statutes may shield an agency from liability. If the state has waived its immunity for certain claims, however, the transportation department may still have immunity when it has exercised discretion in the planning or design phase of a project. When a government contractor is acting as an agent of the transportation agency, the contractor may also have a claim. If a contractor is at fault, the agency may be able to recoup any related losses incurred from the contractor. Appendixes A-E and Appendix F are available via online. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - James M. McElfish, Jr. and James B. McDaniel TI - Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans DO - 10.17226/24901 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24901/legal-requirements-for-state-departments-of-transportation-agency-participation-in-conservation-plans PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 75: Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans describes Habitat Conservation Plans (HCPs) and their relation to wetland mitigation banking, regional planning, and the National Environmental Policy Act (NEPA).Purchase and sale of wetland banks, habitat, and stream credits may be characterized as real property or personal property transactions. This digest covers mechanisms used in California, Wisconsin, and other states to set up, monitor, and maintain HCPs on private or public property through endowment funds and the use of conservation easements. It also includes recent updates to related federal regulations and policies. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Terri Parker and James B. McDaniel TI - Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation DO - 10.17226/24646 PY - 2016 UR - https://nap.nationalacademies.org/catalog/24646/summary-of-federal-law-restricting-use-of-highway-safety-data-in-tort-litigation PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 72: Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation explores the origins and provisions of 23 U.S.C. § 409, Discovery and Admission as Evidence of Certain Reports and Surveys, which prohibits the use, in tort litigation, of highway safety data created for purposes related to safety improvements on roads qualifying for federal safety improvement funding. The digest explores the amendments to the law, development of caselaw interpreting and applying the law, a 2003 Supreme Court decision, and current interpretation and application issues. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Larry W. Thomas TI - Technology Contracting for Transit Projects DO - 10.17226/24869 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24869/technology-contracting-for-transit-projects PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 51: Technology Contracting for Transit Projects examines issues that transit attorneys should be aware of when drafting technology contracts. It addresses how provisions differ depending on the nature of the contract, the type of technology being procured, and whether the system is controlled internally or externally by the agency. Specific focus is given to cloud computing as an alternative delivery mode, and indemnification. This digest also discusses federal, state, and local industry standards regarding liability and warranties, and the contract language that should be used to protect against data breaches, including inadvertent release of personal information.Available online are report Appendices A-F and Appendix G. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Gian Claudia Sciara A2 - Lisa Loftus-Otway A2 - Timothy McCarthy TI - Tax Increment Financing for Transit Projects DO - 10.17226/25985 PY - 2020 UR - https://nap.nationalacademies.org/catalog/25985/tax-increment-financing-for-transit-projects PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - Tax Increment Financing (TIF) is a public financing method that some local governments and transportation agencies may use to capture a portion of additional property (or sales) tax revenues that result when public investments cause property values (or total sales revenues) to increase. TIF is an increasingly important source of funds for transportation projects, and it has the potential to be a key part of project financing.The TRB Transit Cooperative Research Program'sTCRP Legal Research Digest 55: Tax Increment Financing for Transit Projects examines whether and under what circumstances TIF might be used to fund transit operations and maintenance, as well as the challenges that such arrangements might face.The digest includes case studies of Miami-Dade County, Chicago, Prince Georges County in Maryland, and more. ER - TY - BOOK AU - Transportation Research Board AU - National Academies of Sciences, Engineering, and Medicine A2 - Timothy R. Wyatt and James McDaniel TI - Updated Guide to Buy America Requirements—2015 Supplement DO - 10.17226/24780 PY - 2017 UR - https://nap.nationalacademies.org/catalog/24780/updated-guide-to-buy-america-requirements-2015-supplement PB - The National Academies Press CY - Washington, DC LA - English KW - Transportation and Infrastructure AB - TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 49: Updated Guide to Buy America Requirements—2015 Supplement examines various statutory and regulatory Buy America requirements that a state or local governmental entity must examine when receiving funds for a public transportation project from one or more USDOT agencies. The purpose of this Legal Research Digest is to update the earlier TRB legal research to provide a comprehensive and current summary of the FTA Buy America provision.TRB first published its Guide to Federal Buy America Requirements in 2001 as TCRP Legal Research Digest 17. A 2009 supplement to the guide was published as TCRP Legal Research Digest 31, which addressed significant legislative changes to the FTA Buy America provision enacted by Congress in 2005, as well as FTA’s 2007 final rule implementing those changes. In 2015, the FTA Buy America provision was addressed again in National Cooperative Rail Research Program (NCRRP) Legal Research Digest 1, along with other federal transportation grant Buy America provisions that are applicable to federally funded rail projects. ER -