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TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest 2: Railroad Legal Issues and Resources presents legal issues of importance that attorneys may encounter when representing both freight and passenger railroad owners, and operators involved in railroad-related transactions. Issues explored in the report range from abandonment and discontinuance to constitutional law, construction, contracts, interaction with regulatory agencies, safety, retirement, and numerous other subjects.

The electronic version of the digest includes more than 700 pages of case law presenting detailed summaries of statutes, regulations, cases, and relevant articles as a fundamental resource for use in understanding the background and broad ramifications of railroad-related law reflected in each category. To access the case law, click the Roman numeral headings, which are linked to the legal topics. A search for the legal topic will also result in finding it. The printed digest includes an annotated index of the case law and a bound-in CD-ROM with the case law reference materials.

Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. https://doi.org/10.17226/22093.

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Publication Info

162 pages |  8.5 x 11 |  Paperback
ISBN: 978-0-309-30886-1
DOI: https://doi.org/10.17226/22093
Chapters skim
Cover 1-1
Contents 2-2
Project Disclaimer 3-3
Abbreviations and Acronyms 4-6
I. Abandonment of Rail Lines or Discontinuance of Service 7-13
II. Americans with Disabilities Act 14-16
III. Amtrak 17-19
IV. Buy America Act 20-20
V. Carmack Amendment and Liability for Lost or Damaged Goods 21-24
VI. Change in Drainage 25-26
VII. Change of Grade 27-28
VIII. Chicago Region Environmental and Transportation Efficiency Program (CREATE) 29-29
IX. Common Carrier Obligation of Railroads 30-31
X. Competition and Railroads 32-36
XI. Constitutional Law and Railroads 37-38
XII. Construction Contracts 39-41
XIII. Contracts and Railroads 42-45
XIV. Crossings at Railroads 46-57
XV. Damage to or Maintenance of Property 58-62
XVI. Demonstration Projects or Programs 63-63
XVII. Easements and Interpretation of Railroad Deeds 64-67
XVIII. Eminent Domain and Railroads 68-72
XIX. Employees and Drug and Alcohol Testing 73-75
XX. Environmental Law and Railroads 76-87
XXI. Federal Employers' Liability Act 88-94
XXII. Federal Financing for Railroad Projects 95-97
XXIII. Federal Railroad Safety Act 98-100
XXIV. Federal Safety Appliance Act 101-103
XXV. High-Speed Rail 104-104
XXVI. Insurance and Indemnity Agreements 105-108
XXVII. Labor Relations and Employment 109-114
XXVIII. Negligence and Railroad Liability 115-122
XXIX. Manual on Uniform Traffic Control Devices--Part 8 123-126
XXX. MAP-21 127-127
XXXI. Occupational Safety and Health Act 128-129
XXXII. Preemption of State Laws Relating to Railroads 130-135
XXXIII. Public Service Commissions 136-137
XXXIV. Quiet Zones 138-139
XXXV. Railroad Retirement and Disability Earnings Act 140-145
XXXVI. Railroad Revitalization and Regulatory Reform Act and Other Railroad Taxation Issues 146-149
XXXVII. Railroad Unemployment Insurance Act 150-152
XXXVIII. State Laws and Regulations on Railroads 153-155
XXXIX. Surface Transportation Board 156-159
XL. Firearms and Other Weapons or Devices on Railroads 160-162
Software Disclaimer 163-164
Acknowledgments 165-166
Back Cover 167-169
Summaries of Statutes, Regulations, Cases, and Articles 170-825

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