%0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %T The Federal Transit Act, as Amended through August 10, 2005, and Related Laws %D 2007 %U https://nap.nationalacademies.org/catalog/23194/the-federal-transit-act-as-amended-through-august-10-2005-and-related-laws %> https://nap.nationalacademies.org/catalog/23194/the-federal-transit-act-as-amended-through-august-10-2005-and-related-laws %I The National Academies Press %C Washington, DC %G English %P 0 %X TRB's Transit Cooperative Research Program (TCRP) Web-Only Document 33: The Federal Transit Act, as Amended through August 10, 2005, and Related Laws is designed as a quick reference for the text of statutes authorizing and governing the federal public transportation program and the Federal Transit Administration (FTA). The report is not an official source for citation purposes. For legal documents, refer to an up-to-date source of the relevant statutes such as the United States Code. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %T Resources for Legal Issues Associated with Bus Maintenance %D 2008 %U https://nap.nationalacademies.org/catalog/23081/resources-for-legal-issues-associated-with-bus-maintenance %> https://nap.nationalacademies.org/catalog/23081/resources-for-legal-issues-associated-with-bus-maintenance %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 75 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %T Uses of Fees or Alternatives to Fund Transit %D 2008 %U https://nap.nationalacademies.org/catalog/23068/uses-of-fees-or-alternatives-to-fund-transit %> https://nap.nationalacademies.org/catalog/23068/uses-of-fees-or-alternatives-to-fund-transit %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 35 %X 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 exemplify strategies transit agencies may pursue when considering impact fees as an alternative funding source. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E B., Thomas, Larry W., McDaniel, James %T How the Health Insurance Portability and Accountability Act (HIPAA) and Other Privacy Laws Affect Public Transportation Operations %D 2014 %U https://nap.nationalacademies.org/catalog/22359/how-the-health-insurance-portability-and-accountability-act-hipaa-and-other-privacy-laws-affect-public-transportation-operations %> https://nap.nationalacademies.org/catalog/22359/how-the-health-insurance-portability-and-accountability-act-hipaa-and-other-privacy-laws-affect-public-transportation-operations %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 244 %X 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 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. This digest 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.This digest summarizes other important aspects of HIPAA including whether protected health information must be produced in response to a subpoena, discovery request, or a request under a freedom of information act (FOIA) or similar law. The remainder of the digest discusses the privacy of health information under other federal and state laws. The digest also covers industry standards and best practices used by transit agencies to protect the privacy of patrons’ health information. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Kerness, Eric %E Dettman, Kurt %E Evans, James W., Jr. %E McDaniel, James %T Legal Issues with Obtaining Insurance for Large Transit Projects %D 2014 %U https://nap.nationalacademies.org/catalog/22301/legal-issues-with-obtaining-insurance-for-large-transit-projects %> https://nap.nationalacademies.org/catalog/22301/legal-issues-with-obtaining-insurance-for-large-transit-projects %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 66 %X 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 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.The digest also examines how state law affects the ability to assign risk contractually; the current practices for drafting contract provisions to manage risk; competitive procurement and cost analysis issues; methods of obtaining comparative pricing for various insurance options; and the impacts of the various types of insurance programs on owner liability, project and contractor safety, and disadvantaged and small business enterprise project participation. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Thomas, Larry W. %T Transit Public-Private Partnerships: Legal Issues %D 2014 %U https://nap.nationalacademies.org/catalog/22361/transit-public-private-partnerships-legal-issues %> https://nap.nationalacademies.org/catalog/22361/transit-public-private-partnerships-legal-issues %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 322 %X 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 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Thomas, Larry W. %T Impacts of the Americans with Disabilities Act on Transit Agency Liability %D 2018 %U https://nap.nationalacademies.org/catalog/25329/impacts-of-the-americans-with-disabilities-act-on-transit-agency-liability %> https://nap.nationalacademies.org/catalog/25329/impacts-of-the-americans-with-disabilities-act-on-transit-agency-liability %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 70 %X 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 %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Waite, Jocelyn K. %T Legal Considerations in Relationships Between Transit Agencies and Ridesourcing Service Providers %D 2018 %U https://nap.nationalacademies.org/catalog/25109/legal-considerations-in-relationships-between-transit-agencies-and-ridesourcing-service-providers %> https://nap.nationalacademies.org/catalog/25109/legal-considerations-in-relationships-between-transit-agencies-and-ridesourcing-service-providers %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 412 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Tomizawa, Nicholas %T Legal Issues in Public Transit Emergency Planning and Operation %D 2013 %U https://nap.nationalacademies.org/catalog/22447/legal-issues-in-public-transit-emergency-planning-and-operation %> https://nap.nationalacademies.org/catalog/22447/legal-issues-in-public-transit-emergency-planning-and-operation %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 71 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E McDaniel, Larry W. Thomas and James B. %T Legal Issues Concerning Transit Agency Use of Electronic Customer Data %D 2017 %U https://nap.nationalacademies.org/catalog/24730/legal-issues-concerning-transit-agency-use-of-electronic-customer-data %> https://nap.nationalacademies.org/catalog/24730/legal-issues-concerning-transit-agency-use-of-electronic-customer-data %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 63 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Thomas, Larry W. %T Legal Implications of Video Surveillance on Transit Systems %D 2018 %U https://nap.nationalacademies.org/catalog/25055/legal-implications-of-video-surveillance-on-transit-systems %> https://nap.nationalacademies.org/catalog/25055/legal-implications-of-video-surveillance-on-transit-systems %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 46 %X 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 %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Henson, Trudy C. %E Timmons, Megan %E McDaniel, James %T Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues %D 2017 %U https://nap.nationalacademies.org/catalog/24795/public-transit-emergency-preparedness-against-ebola-and-other-infectious-diseases-legal-issues %> https://nap.nationalacademies.org/catalog/24795/public-transit-emergency-preparedness-against-ebola-and-other-infectious-diseases-legal-issues %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 0 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Thomas, Larry W. %T Technology Contracting for Transit Projects %D 2017 %U https://nap.nationalacademies.org/catalog/24869/technology-contracting-for-transit-projects %> https://nap.nationalacademies.org/catalog/24869/technology-contracting-for-transit-projects %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 52 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E Sciara, Gian Claudia %E Loftus-Otway, Lisa %E McCarthy, Timothy %T Tax Increment Financing for Transit Projects %D 2020 %U https://nap.nationalacademies.org/catalog/25985/tax-increment-financing-for-transit-projects %> https://nap.nationalacademies.org/catalog/25985/tax-increment-financing-for-transit-projects %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 0 %X 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. %0 Book %A Transportation Research Board %A National Academies of Sciences, Engineering, and Medicine %E McDaniel, Timothy R. Wyatt and James %T Updated Guide to Buy America Requirements—2015 Supplement %D 2017 %U https://nap.nationalacademies.org/catalog/24780/updated-guide-to-buy-america-requirements-2015-supplement %> https://nap.nationalacademies.org/catalog/24780/updated-guide-to-buy-america-requirements-2015-supplement %I The National Academies Press %C Washington, DC %G English %K Transportation and Infrastructure %P 51 %X 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.