Legal Aspects of Transit and Intermodal Transportation Programs. Topic 21-03. Update of Selected Studies in Transportation Law, Volume 5, 2014 Supplement (Transit Law)

The purpose of this project is to update the Selected Studies in Transportation Law, Volume 5, 2014 Supplement on Transit Law (2014 Supplement), except for Section 10, Civil Rights, which will be addressed by a separate RFP. Since publication of the 2014 Supplement, there have been a number of changes in transportation law. The goal of the project is to provide a legal primer on the myriad of legal issues encountered in a transit law practice. When updating the Supplement, the researcher shall analyze and incorporate any legal implications that the researcher identifies from review of TRB’s 2019, Critical Issues in Transportation. Where legal research digests may have addressed an issue in Volume 5, the researcher shall reference the digest and incorporate any information from the digest believed to be relevant while maintaining the intent of the 2014 Supplement. If there are no significant changes in the topics addressed by the Supplement, the researcher will only be required to shepardize cases (look for changes in statutes or rules and guidance documents). The following is a nonexclusive list of topics that have been identified as needing to be updated by this project: (1) Transit Related Governmental Institutions - Update to address Federal Railroad Administration’s role. (2) Procurement - Include new methodologies, e.g., indefinite delivery, indefinite quantity (IDIQ) piggybacking, address the new 2 CFR 200 (Super Circular), Uniform Administrative Guidance. (3) Buy America - Review any waivers since 2014 Supplemental and any implications from Fast Act, e.g., increasing domestic content to 70% or greater. (4) Safety - Update to address Federal Transit Administration’s new safety oversight role (e.g., safety management system (SMS) and Public Transportation Agency Safety Plan, (PTASP), etc. Further develop the section on track safety including examples of types of violations, e.g., independent rulings, Special Notices of Repair, criminal penalties, as well as civil penalties. Also address maintenance of way (MOW) standards for different classes of track, quiet zones, and positive train control. Include a brief discussion on the agency attorney role (or exclusion) in National Transportation Safety Board (NTSB) investigations, as well as any new legal issues that may have arisen regarding (NTSB) investigations. (5) Transit Asset Management - Address the federal requirements that apply to all recipients of chapter 53 funds that own, operate, or manage public transportation capital assets. (6) HIPAA - Address the legal issues for the transit provider, including liability arising from a security breach or other actions by employees that may cause the unintentional disclosure of information.


  • English


  • Status: Proposed
  • Funding: $75000
  • Contract Numbers:

    Project J-05, Topic 21-03

  • Sponsor Organizations:

    Transit Cooperative Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC    20001

    Federal Transit Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Project Managers:

    Chisholm-Smith, Gwen

  • Start Date: 20230213
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01787445
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project J-05, Topic 21-03
  • Files: TRB, RIP
  • Created Date: Nov 8 2021 4:30PM