National Academies Press: OpenBook

Railroad Legal Issues and Resources (2015)

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Suggested Citation:"Contents." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
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Introduction, 3 Disclaimer, 3 Abbreviations and Acronyms, 4 Index of Legal Topics and Issues, 7 I. Abandonment of Rail Lines or Discontinuance of Service, 7 II. Americans with Disabilities Act, 14 III. Amtrak, 17 IV. Buy America Act, 20 V. Carmack Amendment and Liability for Lost or Damaged Goods, 21 VI. Change in Drainage, 25 VII. Change of Grade, 27 VIII. Chicago Region Environmental and Transportation Efficiency Program (CREATE), 29 IX. Common Carrier Obligation of Railroads, 30 X. Competition and Railroads, 32 XI. Constitutional Law and Railroads, 37 XII. Construction Contracts, 39 XIII. Contracts and Railroads, 42 XIV. Crossings at Railroads, 46 XV. Damage to or Maintenance of Property, 58 XVI. Demonstration Projects or Programs, 63 XVII. Easements and Interpretation of Railroad Deeds, 64 XVIII. Eminent Domain and Railroads, 68 XIX. Employees and Drug and Alcohol Testing, 73 XX. Environmental Law and Railroads, 76 XXI. Federal Employers’ Liability Act, 88 XXII. Federal Financing for Railroad Projects, 95 XXIII. Federal Railroad Safety Act, 98 XXIV. Federal Safety Appliance Act, 101 XXV. High-Speed Rail, 104 XXVI. Insurance and Indemnity Agreements, 105 XXVII. Labor Relations and Employment, 109 XXVIII. Negligence and Railroad Liability, 115 XXIX. Manual on Uniform Traffic Control Devices — Part 8, 123 XXX. MAP-21, 127 XXXI. Occupational Safety and Health Act, 128 XXXII. Preemption of State Laws Relating to Railroads, 130 XXXIII. Public Service Commissions, 136 XXXIV. Quiet Zones, 138 XXXV. Railroad Retirement and Disability Earnings Act, 140 XXXVI. Railroad Revitalization and Regulatory Reform Act and Other Railroad Taxation Issues, 146 XXXVII. Railroad Unemployment Insurance Act, 150 XXXVIII. State Laws and Regulations on Railroads, 153 XXXIX. Surface Transportation Board, 156 XL. Firearms and Other Weapons or Devices on Railroads, 160 Summaries of Statutes, Regulations, Cases, and Articles (available on CRP-CD-172), 170 CONTENTS

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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.

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