|Technology Contracting for Transit Projects
Report Number: LRD-51
Publication Date: 9/3/2017
This report 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.
Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues
Report Number: LRD-50
Publication Date: 5/17/2017
This report 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. It further builds upon the 2014 NCHRP Report 769: A Guide for Public Transportation Pandemic Planning and Response.
Updated Guide to Buy America Requirements—2015 Supplement
Report Number: LRD-49
Publication Date: 4/28/2017
This report 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.
Legal Issues Concerning Transit Agency Use of Electronic Customer Data
Report Number: LRD-48
Publication Date: 3/22/2017
This report 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.
The 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 at http://www.trb.org/Publications/Blurbs/175848.aspx
Legal Issues with Obtaining Insurance for Large Transit Projects
Report Number: LRD-47
Publication Date: 9/10/2014
This digest identifies and discusses in detail the legal issues confronting transit agencies seeking to obtain insurance for large transit capital projects. It covers different types of insurance coverage required for large projects and the types of programs available, including Owner Controlled Insurance Programs and owner’s protective professional indemnity insurance. In addition, the report considers the benefits, advantages, and disadvantages of such programs as compared to consultant- or contractor-provided insurance programs.
How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations
Report Number: LRD-46
Publication Date: 6/27/2014
This digest explores whether the privacy and security rules established by HIPAA apply to transit agencies that possess patrons’ health information.
The first seven sections of this digest discuss HIPAA and whether various entities are subject to HIPAA’s privacy and security provisions applicable to the protection of protected health information, as defined by HIPAA. It also analyzes how protected health information is defined by HIPAA and discusses HIPAA’s Privacy Rule and Security Rule as defined by the U.S. Department of Health and Human Services in its most recent final rule. The digest also summarizes other important aspects of HIPAA as well.
Transit Public-Private Partnerships: Legal Issues
Report Number: LRD-45
Publication Date: 6/25/2014
This digest identifies the legal issues associated with negotiating public-private partnership (PPP) agreements for transit projects. It explores the rationale for using PPP, innovative contracting and financing approaches offered by PPPs, and transfer of risks from the public to the private sector through PPPs. In addition, the digest provides an overview of the legal barriers that PPPs confront in some states, and how PPPs comply with federal law. Funding of PPPs for transit projects and long-term leasing of transit facilities are also covered in the digest.
Legal Issues in Public Transit Emergency Planning and Operation
Report Number: LRD-44
Publication Date: 1/8/2014
This digest 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.
Transit Labor 13(c) Employee Protection Digest
Report Number: LRD-41
Publication Date: 9/27/2012
This digest synthesizes the transit 13(c) decisions issued since publication of Selected Studies in Transportation Law (SSTL) Volume 6, Transit Labor 13(c) Decisions (49 U.S.C. 5333(b)). The digest also includes the U.S. Department of Labor (DOL) Employee Protection Digest- a digest of decisions on employee 13(c) claims decided by DOL hearing officers. The digest was produced in a CD-ROM format to take advantage of the enhance search, categorization, and indexing capabilities offered by an electronic document. The CD-ROM is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided on the TRB site at www.trb.org.
Issues Involving Surety for Public Transportation Projects
Report Number: LRD-40
Publication Date: 8/10/2012
This digest reviews applicable federal law, provides examples of state and local laws, and highlights industry practices related to surety. It also examines surety issues and industry practices in various types of construction and other public transportation projects. The types of surety addressed by the report include performance, payment, and warranty bonds; letters of credit; and other instruments.
Transit Oriented Joint Development: Case Studies and Legal Issues
Report Number: LRD-36
Publication Date: 10/12/2011
This digest examines a combination of large, medium, and small Transit-Oriented Development (TOD) and joint development projects since 1999 and provides comprehensive case studies, with an emphasis on what made the project succeed and how legal issues relate to TODs in general. Sample documents are included with the print version of the publication in CD-ROM format. The CD-ROM is also available for download from TRB's website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided as well.
Transit Agency Compliance with Title VI: Limited English Proficiency Requirements
Report Number: RRD-97
Publication Date: 2/2/2011
This digest explores the legal issues associated with transit operators' limited English proficiency (LEP) compliance efforts. It s designed to serve as a single source of information concerning the development and current status of transit LEP implementation efforts by state and local legislative and operational bodies.
Synthesis of Information Related to Transit Problems
Report Number: RRD-94
Publication Date: 2/1/2010
This report is a digest of the progress and status of TCRP Project J-7, Synthesis of Information Related to Transit Problems, for which the Transportation Research Board is the agency conducting the research.
First Amendment Implications for Transit Facilities: Speech, Advertising, and Loitering
Report Number: LRD-29
Publication Date: 6/19/2009
Transit agencies face numerous challenges in providing passengers with a safe and efficient means of travel while respecting the freedom of expression protected by the First Amendment. In May 1998, the Transportation Research Board published Transit Cooperative Research Program Legal Research Digest (LRD) 10, Restrictions on Speech and Expressive Activities in Transit Terminals and Facilities ("LRD 10"), a survey of the relevant law and its development up to the time of publication. This digest supplements LRD No. 10, summarizing and analyzing the status of this important area of the law in light of court decisions and other developments that have arisen in subsequent years.
Uses of Fees or Alternatives to Fund Transit
Report Number: LRD-28
Publication Date: 12/16/2008
This report explores the use of impact fees for transit in the United States. The report examines policy and legal considerations relating to the use of impact fees and developer exactions for transit, reviews various methodologies currently in use, and identifies cases that exemplify strategies transit agencies may pursue when considering impact fees as an alternative funding source.
Civil Rights Implications of the Allocation of Funds between Bus and Rail
Report Number: LRD-27
Publication Date: 9/5/2008
This publication examines complaints filed under Title VI of the Civil Rights Act of 1964 with the Federal Transit Administration. The report also explores the number of Title VI challenges, the nature of transit agencies' responses to these challenges, U.S. Supreme Court decisions associated with Section 602 disparateimpact violations, intentional discrimination claims, immunity, and more.
Resources for Legal Issues Associated with Bus Maintenance
Report Number: LRD-26
Publication Date: 7/28/2008
There is no readily accessible single source that identifies statutory provisions, regulatory provisions, and licensing/certification requirements applicable or relevant to a range of bus maintenance personnel and activities. The purpose of this report is to provide such a reference document, including information about guidance for compliance, to facilitate bus maintenance managersâ€™ ability to determine the requirements to follow in their specific jurisdictions. Identifying the types of agencies in other jurisdictions that have requirements for varying issues should make it easier for managers to determine which agencies they should consult in their own jurisdictions. The goal of this digest is to serve as a resource that informs interested persons of all current federal and state statutes, regulations, and guidance related to bus maintenance. It should be useful to attorneys, administrators, managers, mechanics, operators, and supervisors.
Privacy Issues with the Use of Smart Cards
Report Number: LRD-25
Publication Date: 5/12/2008
This publication examines basic privacy issues associated with the acquisition and storage of financial and trip data associated with the use of a transit smart card. The report explores who can access the data collected, what data may be accessed and under what conditions, and how the information can be used.
Transit Bus Stops: Ownership, Liability, and Access
Report Number: LRD-24
Publication Date: 4/10/2008
This digest will inform transit providers and government officials of the different levels of ownership, liability, and maintenance associated with bus stops and bus shelters; identify the categories of legal issues that are associated with ownership and liability; and provide information on the problems and practices of others who have dealt with such problems including protective provisions in franchise agreements and service provider contracts.
Synthesis of Information Related to Transit Problems
Report Number: RRD-86
Publication Date: 1/24/2008
This digest notes the progress and status of J-7, "Synthesis of Information Related to Transit Problems" for which the Transportation Research Board is the agency conducting the research.
Public Transportation Passenger Security Inspections: A Guide for Policy Decision Makers
Report Number: R-86 Volume 13
Publication Date: 10/15/2007
This report will assist public transportation agency senior staff, law enforcement, and security service providers in assessing the advantages and disadvantages of establishing a passenger security inspection program. The objective is to provide guidance that a public transportation agency may use when considering whether, where, when, and how to introduce a passenger security inspection program into its operations. This volume identifies the most promising types of screening technologies and methods currently in use or being tested, the operational considerations for the deployment of these technologies in land-based systems, the legal precedent that either applies or that should be contemplated in connection with passenger screening activities, and a passenger security inspection policy decision-making model.
The Americans with Disabilities Act: The Federal Transit Administration's Letters of Findings and Compliance Assessments
Report Number: LRD-23
Publication Date: 9/17/2007
This document consists of findings, decisions, and five compliance assessments interpreting or pertaining to the Americans with Disabilities Act (ADA). The Federal Transit Administration's (FTA's) Letters of Findings and Compliance Assessments includes FTA interpretations of Part III of the ADA, which pertains to public accommodations and transportation. FTA interpretations can be in letter findings, decisions on complaints, and compliance assessments. FTA's interpretations are available for download as an ISO image.
Using Archived AVL - APC Data to Improve Transit Performance and Management
Report Number: R-113
Publication Date: 9/12/2006
This report developed guidance on the effective collection and use of archieved AVL-APC data to improve the performance and management of transit systems. It offers guidance on five subjects: Analyses that use AVL-APC data to improve management and performance; AVL-APC system design to facilitate the capture of data with the accuracy and detail needed for off-line data analysis; ata structure and analysis software for facilitating analysis of AVL-APC data; Screening, parsing, and balancing automatic passenger counts; Use of APC systems for estimating passenger-miles for National Tansit Database reporting.
Trademarking and Licensing for Transit Problems
Report Number: LRD-21
Publication Date: 12/27/2005
The purpose of this report is to give the intellectual property novice an understanding of the process of creating and protecting trademark assets. Included is a step-by-step explanation of the process used to prepare and file an application for a federal trademark. This report contains a webliography, which should be convenient for interactive research for those accessing the report through http://www4.trb.org/trb/onlinepubs.nsf.
The Case for Searches on Public Transportation
Report Number: LRD-22
Publication Date: 11/2/2005
This report provides information concerning the ability of public transportation systems or their agents, within the context of federal or state law, to conduct either random searches or targeted searches of passengers on public transportation vehicles or on public transportation property.
Transit Passengers and Civil Rights
Report Number: LRD-20
Publication Date: 7/29/2005
This report examines how measures used by transit agencies to protect transit passengers intersect with constitutionally protected rights.
Identifying and Reducing Fraudulent Third Party Tort Claims Against Public Transit Agencies
Report Number: S-36
Publication Date: 6/25/2004
This synthesis describes the practices in place at public transit agencies to prevent and respond to third party fraudulent claims, including a review of salient aspects of the public transit claims process in the context of managing current and partial tort liability. It examines the level of claims, presents a structured methodology for approaching the fraudulent claims issue, and describes practices that have been implemented to reduce claims abuse. The emphasis is on strategies that organizations have adopted to counter insurance fraud. This synthesis will be of interest to transit agency general managers, supervisors, and staff dealing with legal services and risk management issues, as well as to consultants that work with them.
Determining Training for New Technologies: A Decision Game and Facilitation Guide
Report Number: R-96
Publication Date: 11/6/2003
The goal of this project was to help managers identify the necessary training for new technologies. This report will be of interest to managers responsible for implementing new technologies. It will also be useful to other members of new technology procurement teams, representing operations, maintenance, human resources, legal, finance, and training departments. Cognitive task analysis was used to design a simulation game that would allow managers to rapidly acquire the decision skills needed for identifying the necessary training for new technologies.
Impact of the Americans with Disabilities Act on Transit Operations
Report Number: LRD-19
Publication Date: 10/2/2003
This digest provides the nation's transit agencies with access to authoritative research, specfic, limited-scope studies of legal issues and problems having significance and applications to their business. It reports on a review of applicable statutes, a survey of state and local transit providers, and an analysis of developments pertaining to employment infrastructure and service requirements. This digest should be helpful to administrators, attorneys, financial officials, human resourcess personnel, and planners in public transportation.
Legal Aspects of Transit and Intermodal Transportation Programs
Report Number: RRD-50
Publication Date: 8/8/2002
This digest 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.
Impact of the Family and Medical Leave Act of 1993 on the Transit Industry
Report Number: LRD-15
Publication Date: 12/15/2001
This digest is designed to provide insight into the operating practices and legal elements of specific problems in transportation agencies. The report presents information collected from transit agencies, and gives the researchers' analyses of the perceived legal issues. This report should be helpful to attorneys, administrators, human resources officials, labor specialists, managers, and supervisors.
Guide to Federal Buy America Requirements
Report Number: LRD-17
Publication Date: 10/4/2001
The purpose of this report is to provide an easy-to-use guide that provides all the Buy America requirements with an emphasis on the specific requirements that apply both to manufactured products and to rolling stock. This report should be useful to attorneys, administrators, contracting officers, engineers, and all officials that have purchasing responsibilities.
Legal Aspects Relevant to Outsourcing Transit Functions Not Traditionally Outsourced
Report Number: LRD-38
Publication Date: 8/5/2001
This digest focus on the legal aspects relevant to outsourcing transit functions not traditionally outsourced, such as maintenance services, architectural and engineering work, custodial services, security services, human resources, call center services, and marketing and advertising. For the purpose of the report, revenue operations and paratransit services are considered traditional outsourced transit functions.
Drug & Alcohol Testing: A Survey of Labor-Management Relations
Report Number: LRD-16
Publication Date: 6/25/2001
This report examines the relationship between the laws that prescribe bargaining requirements for employees such as the Omnibus Transportation Employee Testing Act of 1991, the National Labor Relations Act, and the Railroad Labor Act as well as the impact that intersections have had on existing collective bargaining agreements.
Innovative Financing Techniques for Transit Agencies
Report Number: LRD-13
Publication Date: 3/31/2000
This digest describes the identified techniques that have been successfully employed or attempted by transit operators in order to increase revenues available for transit capital or operating needs or to provide development of transit assets in innovative ways. By studying the case studies set forth in this report, transit operators across the country can duplicate these techniques or expand on them with their own innovative financing techniques to produce revenues or transit assets for the commuting public.
Treatment of Privacy Issues in the Public Transportation Industry
Report Number: LRD-14
Publication Date: 3/29/2000
This study discusses the development of the law of privacy and examines its continuing evolution within the context of societal and technological changes, particularly how these principles apply to the public transportation industry and its employees.
The Zoning and Real Estate Implications of Transit-Oriented Development
Report Number: LRD-12
Publication Date: 4/14/1999
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by S. Mark White, provides information on legal and other issues associated with transit-oriented development. The report should be useful to transit and development attorneys, financial officials, planners, development officials, and anyone interested in transit- oriented development. It is organized as follows: (1) Introduction; ( 2) Elements of Transit-Oriented Development Policies; (3) Legal Basis for Transit-Oriented Development; (4) Conclusion; Appendix A - Survey Questions; Appendix B - Techniques Used by Survey Respondents to Encourage TOD; and Appendix C - Survey Participants Engaged in Joint Development Projects.
Potential Tort Liability for Transit Agencies Arising out of the Americans with Disabilities Act
Report Number: LRD-11
Publication Date: 12/15/1998
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by Robert A. Hirsch, presents an assessment of problems in implementing the Americans with Disabilities Act (ADA), Public Law 101- 336, enacted in 1990, from the perspective of transit operators.
Strategies to Minimize Liability under Federal and State Environment Laws
Report Number: LRD-9
Publication Date: 6/15/1998
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by G. Martin Cole and Christine M. Brookbank, provides insight into the potential liability of transit agencies for hazardous waste, and methods and policies that would avoid or reduce the potential liability. The report should be useful to transit administrators, attorneys, planners, engineers, financial officials, development and contracting officers, and contract managers.
Transportation Service Agreements: A Preparation and Reference Guide for Transit Attorneys
Report Number: LRD-8
Publication Date: 12/15/1997
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by Barbara A. Adams and Clifford L. Weaver, provides an up-to- date reference and guide on the essentials of contracting for service agreements and should be useful to attorneys and contract administrators. The report is organized as follows: Introduction and Overview; (I) Basic Provisions; (II) Definitions; (III) Services to Be Purchased; (IV) Vehicles and Equipment for Transportation Services and Other Services; (V) Real Property and Facilities; (VI) Employees; (VII) Nondiscrimination, Equal Employment, and Business Opportunity; (VIII) Reports, Records, and Inspections; (IX) Purchasing; (X) Insurance, Risk Management, and Bonds; (XI) Indemnification; (XII) Payment; (XIII) Term, Termination, and Remedies; (XIV) Contractor Covenants and Representations; (XV) General Provisions; Endnotes; and Appendix A - Outline of Model Agreement.
The Impact of Civil Rights Litigation Under Title VI and Related Laws on Transit Decision Making
Report Number: LRD-07
Publication Date: 6/15/1997
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by Sandra Van De Walle, is organized as follows: (I) Introduction; (II) Affirmative Action Programs for DBEs (Disadvantaged Business Enterprises); (III) Obligation to Provide Equality of Service to Minority and Nonminority Passengers; and (IV) Conclusion.
Legal Issues Associated with Intermodalism
Report Number: LRD-5
Publication Date: 6/15/1996
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency coordinating the research. The report, which has the same title as this digest and is authored by Russell Leibson and William Penner, is organized as follows: (A) Background and Purpose of the Study; (B) How the Study Was Conducted; (C) Survey Results (1-Survey Respondents' Definition of Intermodalism, 2-Survey Respondents' Ratings of Some Problems Associated with Intermodalism, and 3-Conclusions Based on Survey Responses); (D) Legal Issues Associated with Intermodalism (1-Funding Issues, 2-Regulations Regarding Freight Carriers, 3-Environmental Restrictions, 4-Zoning, Land Use, and Noise Restrictions, and 5-Labor Laws and Standards); (E) Conclusion; Appendix A--Bibliography; Appendix B--Intermodalism Survey Form; and Appendix C--Selected Survey Respondents' Definitions of Intermodalism.
Transit Labor Protection - A Guide to Section 13c Federal Transit Act
Report Number: LRD-4
Publication Date: 12/15/1995
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency conducting the research. The report has the same title as this digest and is authored by G. Kent Woodman, Jane Sutter Starke, and Leslie D. Schwartz. Section 13(c) of the Federal Transit Act is an especially complex Federal requirement. It has a unique history, which must be appreciated. Two Federal agencies, primarily the U.S. Department of Labor (DOL) and secondarily the U.S. Department of Transportation (DOT) administer it, which do not always share the same policies or interpretations.
State Limitations on Tort Liability of Public Transit Operations
Report Number: LRD-3
Publication Date: 12/15/1994
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency conducting the research. The report, which has the same title as this digest and is authored by Larry W. Thomas, is organized as follows: (I) Introduction; (II) State and Local Immunity Statutes in Relation to Public Transit Agencies; (III) Substantive Limitations on Tort Actions Against Public Transit Agencies; (IV) Discussion of the Governmental- Proprietary Test of Immunity; (V) Duty and Degree of Care Owed to the Traveling Public; (VI) Procedural Limitations on Actions or Recoveries in Tort Against Public Transit Agencies; (VII) Other Matters of Interest to Public Transit Agencies (A. Transit Agency's Compliance with Federal and State Laws and Regulations and B. Significance of Insurance Coverage in Tort Actions); (VIII) Changes in the Law That Would Reduce Tort Liability; and (IX) Conclusion.
Strategies to Facilitate Acquisition and Use of Railroad Right of Way by Transit Providers
Report Number: LRD-1
Publication Date: 10/12/1994
This digest contains a report prepared under TCRP Project J-5, Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency conducting the research. Project J-5 is designed to provide insight into the operating practices and legal elements of specific problems in transportation agencies. The report, which has the same title as this digest and is authored by Kevin M. Sheys, is organized as follows: Introduction; A Frame of Reference; Common Issues in Rail Transit Projects; Organization of Article; Acquisition and Use Strategies with Willing Sellers (Voluntary Sales--Abandonable Lines, Voluntary Sales--Nonabandonable Lines, and Control of Management and Operations); Acquisition and Use Strategies with Unwilling Sellers; Conclusion; and Notes.
Successful Risk Management for Ridesharing and Carpool-Matching Programs
Report Number: LRD-2
Publication Date: 10/12/1994
This digest contains a report prepared under TCRP Project J-5, Legal Aspects of Transit and Intermodal Transportation Programs, for which the Transportation Research Board is the agency conducting the research. The report, which has the same title as this digest and is authored by Russell Leibson and William Penner, is organized as follows: (A) Introduction; (B) Public and Private Rideshare Programs; ( C) Legal Liability; (D) Statutory Limitations on Liability; (E) Insurance; (F) Strategies to Minimize Potential Tort Liability; and (G) Conclusions. A bibliography is included and Appendix A presents a chart which summarizes state laws affecting rideshare arrangements.