Transportation Law
Transportation law pertains to state and federal laws governing the transport of goods as well as passengers that are transported for commercial purposes via highways, rail lines, rivers, lakes, air, and oceans (also known as navigable waters). While the U.S. Department of Transportation (USDOT), which was created in 1966, oversees policies regarding transportation, each state is largely responsible for creating and regulating the transportation laws pertaining to the transport of goods, raw materials, and passengers within that particular state.Federal Transportation Agencies
There are many federal agencies under the USDOT that do have responsibilities with regard to transportation law. Among these agencies are the Federal Highway Administration (FHA), Federal Railroad Administration, Federal Transit Administration (FTA), Federal Aviation Administration (FAA), Federal Maritime Commission, and the National Transportation Safety Board.
The Federal Highway Administration oversees highway policy and carries out federal highway programs in coordination with the state and local governments. The mission of the Federal Railroad Administration is to promulgate safety regulations and enforce them. It also develops improved rail safety programs and policies. The primary responsibility of the Federal Transit Administration is to provide financial assistance to transit agencies to develop new transit systems and to upgrade existing ones. The FTA oversees the transit agencies to ensure they comply with federal requirements.
The Federal Aviation Administration is responsible for aviation safety, including airports and air traffic. They establish rules and guidelines for safe air travel as well standards and certifications for air operators and air agencies. Established in 1961, the Federal Maritime Commission deals with the regulatory aspects of maritime shipping laws. National Transportation Safety Board investigates transportation accidents involving airlines, railroads, marine vessels, and in some cases motor vehicles.
Practicing Transportation Law
Like most areas of law, the field of transportation law is always changing. Attorneys practicing transportation law must be well-versed in the laws of the particular states in which they work. Therefore, it is important for attorneys to stay up-to-date on new regulations and changes in policy. Transportation law is often an interdisciplinary that also involves attorneys who specialize in environmental law, insurance law, commercial law, and employment law.
Most attorneys cover a wide range of cases in transportation law, from handling customs and tariffs to uninsured motorists, interstate trucking companies, taxicabs and rental cars to regulatory compliance such as placard requirements for transportation of hazardous waste materials. Clients range from oil companies to trucking fleets to airline carriers and cruise ships.
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