Transit mega projects are unique, expensive, and often funded by a mix of federal grants and state and local funding. Federal agencies have specific legal requirements, including specific legal provisions to include in contracts and intergovernmental agreements, and provide valuable advice for managing and coordinating such projects. The TRB Transit Cooperative Research Program's TCRP Legal Res...

The nation’s 6,800 plus public transportation agencies need to have access to a program that can provide authoritatively researched, specific studies of legal issues and problems having national significance and application to the public transportation industry. Some legal issues and problems are unique to transit agencies. The TRB Transit Cooperative Research Program's TCRP Legal Research Dige...

Compliance with transit-equipment and operations guidelines, FTA financing initiatives, private-sector programs, and labor or environmental standards relating to transit operations are some of the legal issues and problems unique to transit agencies. The TRB Transit Cooperative Research Program's TCRP Legal Research Digest 58: Policing and Public Transportation provides a comprehensive analysis...

In the United States, transit oriented development (TOD) is now recognized as a critical element in the planning, development, and execution of transit projects. Recent legislation has been designed to streamline the approval processes for new transportation projects, focus more on safety, and establish new programs to advance critical freight projects. The TRB Transit Cooperative Research Prog...

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 ...

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&n...

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 s...

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, saf...

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...

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’ response...

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 upd...

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, a...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 47: Legal Issues with Obtaining Insurance for Large Transit Projects identifies and discusses in detail the legal issues confronting transit agencies seeking to obtain insurance for large transit capital projects. The report covers different types of insurance coverage required for large projects and the types of programs a...

The condition of the transportation infrastructure in the United States is an issue of national importance. State departments of transportation and transit agencies face tough choices as they make decisions about how and when to keep their assets safely open to the public. The TRB Transit Cooperative Research Program and National Cooperative Highway Research Program's  TCRP Legal Research ...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 46: How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations 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...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 45: Transit Public-Private Partnerships: Legal Issues identifies the legal issues associated with negotiating public-private partnership (PPP) agreements for transit projects. The digest explores the rationale for using PPP, innovative contracting and financing approaches offered by PPPs, and transfer of risks from the publ...

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 t...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 43: Contractual Means of Achieving High-level Performance in Transit Contracts explores the use by transit agencies of performance-based provisions in their contracts and identifies legal and other restrictions on an agency’s use of incentives or liquidated damages in its contracts. The report also examines how agencies det...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 42: Transit Agency Intergovernmental Agreements: Common Issues and Solutions explores transit-related issues that have the potential to require intensive and time-consuming negotiations related to the development of intergovernmental agreements (IOMs) and memoranda of understandings (MOUs). The print version of the digest i...

TRB Transit Cooperative Research Program (TCRP) Legal Research Digest 41: Transit Labor 13(c) Employee Protection 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 d...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 39: Competition Requirements of the Design/Build, Construction Manager at Risk, and Public-Private Partnership Contracts—Seven Case Studies explores the use of various project delivery methods, including design-build, construction management at risk, and a number of options considered public-private partnerships, ...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 38: Legal Aspects Relevant to Outsourcing Transit Functions Not Traditionally Outsourced 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 ser...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Results Digest 37: Legal Arrangements for Use and Control of Real-Time Data is designed to help transit officials understand the legal options and limitations for real-time data ownership, protection, and use.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 36: Transit-Oriented and Joint Development: Case Studies and Legal Issues 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 T...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 35: Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications explores the legal implications of reductions in transit service or increases in fares in the context of environmental justice. Based on federal environmental justice principles, the report analyzes...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 34: Application of Physical Ability Testing to Current Workforce of Transit Employees explores the legal ramifications of instituting physical ability testing and of exceeding government requirements related to physical ability, such as visual acuity requirements for a commercial driver’s license.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 33: Developing and Implementing a Transit Advertising Policy provides information pertaining to transit systems’ use of various strategies to implement advertising content policies that further the system’s reasonable interests and protect free speech rights.

TRB‘s Transit Cooperative Research Program (TCRP) Legal Research Digest 32: Reconciling Security, Disclosure, and Record-Retention Requirements in Transit Procurements highlights the legal requirements that are relevant to the transit procurement process of balancing the competing needs of open government and public security. The report explores federal and state requirements concerning record ...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Results Digest 31: Guide to Federal Buy America Requirements—2009 Supplement explores the Buy America requirements, with an emphasis on the specific requirements that apply to manufactured products and to rolling stock.  Errata - May 6, 2010 The printed version of TCRP Legal Research Digest 31 contains a typo on page 28. In t...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 30: Legal Handbook for the New Starts Process explores legal issues associated with the U.S. Federal Transit Administration’s New Starts process.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 29: First Amendment Implications for Transit Facilities: Speech, Advertising, and Loitering provides an analytical legal synthesis of available regulations, statutes, policies, and case decisions pertaining to permissible and impermissible restrictions on speech and expressive behavior at transit facilities and aboard trans...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 28: Uses of Fees or Alternatives to Fund Transit 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 exemp...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 27: Civil Rights Implications of the Allocation of Funds between Bus and Rail 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...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 26: Resources for Legal Issues Associated with Bus Maintenance explores current federal and state statutes, regulations, and guidance related to bus maintenance.

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 25: Privacy Issues with the Use of Smart Cards 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 i...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 24: Transit Bus Stops: Ownership, Liability, and Access is designed to help transit providers and government officials by exploring the different levels of ownership, liability, and maintenance associated with bus stops and bus shelters.  The report identifies the categories of legal issues that are associated with ow...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 23: 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, d...

TRB’s Legal Research Digest 22: The Case for Searches on Public Transportation examines 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.  

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 21: Trademarking and Licensing for Transit Providers examines the process of creating and protecting trademark assets.  The report includes a step-by-step explanation of the process used to prepare and file an application for a federal trademark.  The electronic version of the report also contains links to useful...

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 20: Transit Passengers and Civil Rights examines how measures used by transit agencies to protect transit passengers intersect with constitutionally protected rights.        

TRB's Transit Cooperative Research Program Legal Research Digest 19: Impact of the Americans with Disabilities Act (ADA) on Transit Operations is designed to help transit operators better understand ADA requirements and thereby enhance compliance.

TRB's Transit Cooperative Research Program Legal Research Digest 18: Federal and State Licensing and Other Safety Requirements for Commercial Motor Vehicle Operators and Equipment presents a compilation of state commercial driver license/commercial motor vehicle (CDL/CMV) regulations, an overview summary of the federal motor carrier safety regulations, and information on the availability of sta...

TRB's Transit Cooperative Research Program Legal Research Digest 17: Guide to Federal Buy America Requirements is an easy-to-use guide for transit operating agencies that provides all the Buy America requirements with an emphasis on the specific requirements that apply both to manufactured products and to rolling stock. The report should be useful to attorneys, administrators, contracting offic...

TRB's Transit Cooperative Research Program Legal Research Digest 16 and National Cooperative Highway Research Program (NCHRP) Legal Research Digest 47: Drug and Alcohol Testing--A Survey of Labor-Management Relations examines the relationship between the Omnibus Transportation Employee Testing Act of 1991, the National Labor Relations Act, and the Railroad Labor Act, as well as the impact that ...

TRB's Transit Cooperative Research Program Legal Research Digest 15: Impact of the Family and Medical Leave Act of 1993 on the Transit Industry presents information collected from transit agencies and gives the researchers' analyses of the perceived legal issues concerning the requirements of the Family and Medical Leave Act of 1993. The report should be helpful to attorneys, administrators, hu...

TRB's Transit Cooperative Research Program Legal Research Digest 14: Treatment of Privacy Issues in the Public Transportation Industry provides information on legislation, case law, studies, and other available resource material related to privacy issues in the public transportation industry. The report should be useful for attorneys, administrators, human relation officers, security personnel,...

TRB's Transit Cooperative Research Program Legal Research Digest 13: Report on Innovative Financing Techniques for Transit Agencies explores the nature of "innovative financing techniques" for transit agencies and describes situations in which such techniques have been used. The report should be useful to transit administrators, attorneys, debt managers, capital programs managers, comptrollers,...

TRB's Transit Cooperative Research Program Legal Research Digest 12: The Zoning and Real Estate Implications of Transit-Oriented Development 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 ...

TRB's Transit Cooperative Research Program Legal Research Digest 11: Potential Tort Liability for Transit Agencies Arising Out of the Americans with Disabilities Act 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. The report should be helpful to transit operators, admin...

TRB's Transit Cooperative Research Program Legal Research Digest 10: Restrictions on Speech and Expressive Activities in Transit Terminals and Facilities examines speech-related activities on transit and in terminal facilities and how the law has been applied in a number of jurisdictions. The report should be immensely useful to attorneys, transit administrators, policy makers, planners, legisl...

TRB's Transit Cooperative Research Program Legal Research Digest 9: Strategies to Minimize Liability under Federal and State Environmental Laws 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, fi...

TRB's Transit Cooperative Research Program Legal Research Digest 8: Transportation Service Agreements: A Preparation and Reference Guide for Transit Attorneys provides a 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...

TRB's Transit Cooperative Research Program Legal Research Digest 7: The Impact of Civil Rights Litigation Under Title VI and Related Laws on Transit Decision Making identifies and analyzes civil rights legislation that impacts mass ransportation operations in contracting and providing transit services, and the process that the courts and federal agencies use to determine the appropriateness of ...

TRB's Transit Cooperative Research Program Legal Research Digest 6: Requirements That Impact the Acquisition of Capital-Intensive Long-Lead Items, Rights of Way, and Land for Transit examines legal requirements imposed on procurements by statute and regulations, discusses alternative legal concepts, and proposes alternative procurement and financial solutions. The report is organized as follows...

TRB's Transit Cooperative Research Program Legal Research Digest 5: Legal Issues Associated with Intermodalism Transit examines transportation planning and legal issues from the prospective of those responsible for implementing intermodal projects. The report is organized as follows: (A) Background and Purpose of the Study; (B) How the Study Was Conducted; (C) Survey Results (1-Survey Responden...

TRB's Transit Cooperative Research Program Legal Research Digest 4: Transit Labor Protection - A Guide to Section 13(c) Federal Transit Act provides a descriptions of how the Section 13(c) of the Federal Transit Act certification process works. Section 13(c) is an especially complex Federal requirement. It has a unique history, which must be appreciated. It is administered by two Federal agenci...

TRB's Transit Cooperative Research Program Legal Research Digest 3: State Limitations on Tort Liability of Public Transit Operations examines 1) governmental immunity for actions that are discretionary in nature; 2) immunity for governmental functions; 3) expanded duties of transit operators; 4) other limitations on awards; and 5) alternative approaches to remedying the problem of excessive tor...

TRB's Transit Cooperative Research Program Legal Research Digest 2: Successful Risk Management for Rideshare and Car-Pool Matching Programs examines potential tort liability for an organization either offering or promotion rideshare or car-pool services. The report is organized as follows: (A) Introduction; (B) Public and Private Rideshare Programs; (C) Legal Liability; (D) Statutory Limitation...

TRB's Transit Cooperative Research Program Legal Research Digest 1: Strategies to Facilitate Acquisition and Use of Railroad Right of Way Transit Providers provides insight into the operating practices and legal elements of specific problems in transportation agencies. The report is organized as follows: * Introduction; * A Frame of Reference; * Common Issues in Rail Transit Projects; * Organiz...