Transportation Law
Transportation law is a broad legal field that provides the framework for moving people and goods on all modes of transport. This includes air, sea, rail, and road. Transportation law encompasses many federal and state regulations and policies. These legal standards ensure safety, efficiency, and fairness in transportation.
Much of transportation law falls under state laws. Specific facts and circumstances determine most answers to transportation law issues. A transportation law attorney can apply relevant laws to the facts, offer legal advice, and represent you.
This article provides a summary of transportation law. If you have questions about transportation law, contact an experienced transportation lawyer.
An Overview of Transportation Law
Federal transportation laws keep the transportation system moving. For example, federal seat belt and airbag standards help protect drivers in passenger vehicles. Meanwhile, state laws regulate traffic laws, insurance requirements, and vehicle registration. Transportation law involves:
- Regulatory compliance
- Liability issues
- Contract negotiations
- Dispute resolution
- Safety standards
- Environmental impact
For example, the Federal Aviation Administration (FAA) issues rules for safety protocols on passenger planes. The Department of Transportation (DOT) has driver fatigue regulations for trucking companies.
Liability means determining responsibility and accountability in accidents, damages, or losses during transport. For example, a trucking company may be liable for damages caused by overloading a truck. An example of tort liability involves a passenger injured by a negligent bus driver.
Contractual disputes can happen between transportation companies, including those providing transportation services, construction, and maintenance. Every contract must outline terms, conditions, and obligations. For example, a state highway administration negotiates a contract for salting the roads during the winter. The contract may include terms for insurance, liability, and damage compensation.
Transportation law must also anticipate and resolve conflicts arising from transportation operations. For example, a cruise ticket may require arbitration for a dispute between a cruise line and cruise passengers.
When Does Transportation Law Apply?
Transportation law may apply to various parts of the transportation industry, including:
- Surface vehicles, including cars, trucks, motorcycles, buses and bicycles
- Aircraft, including planes, helicopters and drones
- Watercraft, including boats, ships, and freighters
- Railroad systems, including trains and subways
- Infrastructure, including roads, bridges, railways, airports, shipping ports, train stations, and trails
Federal Transportation Laws
Congress creates laws regarding interstate commerce under the U.S. Constitution. Travel between the states is subject to federal laws and regulations.
The U.S. Department of Transportation (DOT) is the federal government agency that handles transportation regulations. The DOT oversees several agencies, including:
- The National Highway Traffic Safety Administration (NHTSA) is responsible for motor vehicle and highway transportation safety standards and regulations.
- The Federal Aviation Administration (FAA) is responsible for air transportation.
- The Federal Highway Administration (FHA) is responsible for laws concerning commercial freight and interstate highways, tunnels, and bridges.
- The Federal Motor Carrier Safety Administration is responsible for safety regulation laws for large commercial vehicles.
- The Federal Railroad Administration is responsible for regulating the safety and development of the U.S. railroad system.
- The Federal Transit Administration provides financial and technical assistance to local public transportation systems.
The U.S. National Transportation Safety Board (NTSB) is an independent federal agency that investigates plane and train crashes. The agency conducts major investigations throughout the U.S. and abroad.
State Transportation Laws
States have the authority to regulate transportation within their boundaries. This includes roads and highways that are not federal roads and highways. State departments of motor vehicles regulate everyday driving rules. While all states share basic driving rules, some driving law differences include:
- Speed limits
- Certain safety equipment requirements
- Insurance minimums
- Private and commercial vehicle registration regulations
Transportation Law Attorneys
Transportation law is a wide-ranging field. The owner of a commercial interstate trucking fleet may need legal advice from an attorney about federal regulatory compliance. An automaker may need legal counsel on handling a federally mandated vehicle recall. Many attorneys also appear before state departments of motor vehicles in administrative hearings. If you have any questions about transportation law, contact an experienced transportation attorney.