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Legal Research Digest 26 TRansiT CoopeRaTive ReseaRCh pRogRam sponsored by the Federal Transit administration July 2008 Subject Areas: IC Transportation Law; VI Public Transit TRanspoRTaTion ReseaRCh BoaRD OF THE NATIONAL ACADEMIES ReSouRCeS foR LegAL ISSueS ASSoCIATed wITh buS mAInTenAnCe This report was prepared under TCRp project J-5, âLegal aspects of Transit and intermodal Transportation programs,â for which the Transportation Research Board is the agency coordinating the research. The report was prepared by Jocelyn K. Waite, Waite & associates, Reno, nevada. James B. mcDaniel, TRB Counsel for Legal Research projects, was the principal investigator and content editor. The Problem and Its Solution The nationâs transit agencies need to have access to a program that can provide authori- tatively researched, specific, limited-scope studies of legal issues and problems having national significance and application to their businesses. The TCRP Project J-5 is designed to provide this insight. The intermodal approach to surface trans- portation requires a partnership between transit and other transportation modes. Transit attorneys have noted that they par- ticularly need information in several areas of transportation law, including environmental re- quirements; construction and procurement con- tract procedures and administration; civil rights and labor standards; and tort liability, risk man- agement, and system safety. In other areas of the law, transit programs may involve legal problems and issues that are not shared with other modes; as, for example, compliance with transit equipment and opera- tions guidelines, Federal Transit Administra- tion (FTA) financing initiatives, and labor or environmental standards. Applications Many legal issues associated with bus main- tenance concern regulatory compliance. In- creasingly, federal, state, and local administra- tions are producing regulations that directly or indirectly affect bus maintenance. Several agen- cies under the U.S. Department of Transporta- tion set standards for bus inspections and record keeping, safety and security programs, and a myriad of related requirements. For example, the Federal Motor Carrier Safety Administra- tion is responsible for upholding bus mainte- nance and safety standards in accordance with the National Traffic and Motor Vehicle Safety Act of 1966. The National Highway Traf- fic Safety Administration sets standards for brake systems and tires. The FTA promulgates guidelines for bus maintainability tests, which include bus servicing, preventive maintenance, inspection, and repair. The FTA requires state and local transit agencies to maintain and report a number of maintenance statistics. Some state and local governments develop operational and safety standards in addition to those of the federal government. In recent years, numerous state diagnostic and repair procedures and maintenance operations have become high-tech. Requirements for licenses and certifications in the bus maintenance field have been updated. Transit personnel must keep up to date with these changes in order to meet trade standards. The goal of this digest is to serve as a re- source that informs interested persons of all cur- rent federal and state statutes, regulations, and guidance related to bus maintenance. It should be useful to attorneys, administrators, manag- ers, mechanics, operators, and supervisors. Responsible Senior Program officer: gwen Chisholm Smith ConTenTS I. Introduction 3 A. Statement of the Problem 3 B. Operations/Features Affected by Legal Requirements 4 II. Legal Requirements 4 A. Accessibility for Disabled Passengers 5 B. Alternative Fuels 9 C. Clean Air (Not Including Storage Tanks) 17 D. Clean Water (Not Including Storage Tanks) 26 E. Hazardous Waste Disposal (Not Including Storage Tanks) 34 F. Storage Tanks 38 G. General Operational Requirements 44 H. Safety 48 I. Licensing/Certification 53 J. Building and Fire Codes 55 III. Industry Standards 56 A. Cited Industry Codes 56 B. Other Industry Codes 57 Appendix A 59 Appendix B 65 Appendix C 66 Appendix D 73 Appendix E 74
