Legal Issues and Emerging Technologies (2022)

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OCTOBER 2022 TRANSIT COOPERATIVE RESEARCH PROGRAM Sponsored by the Federal Transit Administration TCRP LRD59 Background e nation’s 6,800 plus public transportation agen- cies need to have access to a program that can provide authoritatively researched, specic studies of legal issues and problems having national signicance and application to the public transportation industry. Some legal issues and problems are unique to transit agencies. For example, compliance with transit-equipment and operations guide- lines, FTA nancing initiatives, private-sector programs, and labor or environmental standards relating to transit operations. Also, much of the information that is needed by public transit attorneys to address legal concerns is not summarized in a single source. Consequently, it would be helpful to the transit lawyer to have well-resourced and well-documented reports on specic legal topics available to the public transportation legal community. e Legal Research Digest (LRDs) are developed to assist public transit attorneys in dealing with initiatives and problems associated with transit start-up and opera- tions, as well as with day-to-day legal works. e LRDs address such issues as eminent domain, civil rights, constitutional rights, contracting, environmental con- cerns, labor, procurement, risk management, security, tort liability, and zoning. e transit legal research, when conducted through the TRB’s legal studies process, either collects primary data that generally are not available else- where or performs analysis of existing literature. Foreword Technology is rapidly changing public transportation. Public transportation agencies in the United States are implementing advanced and emerging technologies such as autonomous vehicles, positive train control, electric buses, on-demand technology, open architec- ture concept for fare collection systems, and enterprise asset management. ese technologies have signicant implications for service delivery models and sometimes present legal challenges. is legal research digest provides transportation attorneys with guidance and resources to assist with these legal changes resulting from the implementation of technology, including regulatory challenges, risk man- agement, cybersecurity, privacy, handling condential and proprietary information, intellectual property rights, civil rights and environmental justice compliance, labor and employment law, and procurement issues. is digest provides transit agencies with the legal context to conduct jurisdiction-specic research and analyze the legal impli- cations of various new and emerging technologies. is digest will be useful to transportation prac- titioners working at the intersection of implementing new and emerging technologies. Interested readers will include administrators, attorneys, procurement ocers, and others working in the public transportation transit arena. Legal Issues and Emerging Technologies This report was prepared under TCRP Project J-5, “Legal Aspects of Transit and Intermodal Transportation Programs,” for which the Transportation Research Board is the agency coordinating the research. The report was prepared under Topic 19-02 by Matthew Daus, Windels, Marx, Lane & Mittendorf LLP, New York, NY. The opinions and conclusions expressed or implied in this digest are those of the researchers who per- formed the research and are not necessarily those of the Transportation Research Board; the National Acad- emies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible program officer is Gwen Chisholm Smith. LEGAL RESEARCH DIGEST