Transportation

Transportation in the United States

Transportation Definition

(from Lat. trans, over, beyond, porta to carry). In English law. A punishment inflicted by virtue of sundry statutes. It was unknown to the common law. 2 H. Bl. 223. It is a part of the judgment or sentence of the court that the party shall be transported or sent into exile. (This definition of Transportation is based on The Cyclopedic Law Dictionary).

See more definitions about Transportation in the legal Dictionaries.

Legal Materials

Information about transportation-related laws, reports and other materials is available from the National Transportation Library, the Northwestern University Transportation Library and the Federal Highway Administration Research Library.

Many reports and other transportation-related documents are available free online from the NTL Digital Repository.

The American Association of state Highway and Transportation Officials publishes books on highway construction, finance and design sold through the AASHTO Bookstore.

Accidents:The useful transportation accident databases include the:

  1. NTSB Current Investigations
  2. NTSB Accident Reports back to 1962 (with narratives back to 1993) for Aviation, Highway, Marine, Pipeline, Hazardous Materials and Railroad accidents;
  3. NTSB Safety Recommendations usually based on “a specific problem uncovered during an investigation or study” with instructions on “how to correct the situation;”
  4. FAA Aviation Safety Information Analysis and Sharing System (ASIAS) for accidents not investigated by the NTSB;
  5. PlaneCrashInfo.

U.S. Legislation about Transportation

49 U.S.C. § 101 : US Code – Section 101: Purpose

This description of the Transportation tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Transportation) rather than to the “subchapter” or the “title” of the United States Code.

U.S. Code Citation

49 U.S.C. § 101

U.S. Code Section and Head

  • United States Code – Section 101
  • Head of the Section: Purpose

Text of the Section

(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. (b) A Department of Transportation is necessary in the public interest and to – (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation, through research and development or otherwise; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

Transportation in Foreign Legal Encyclopedias

Link Description
Transportation Transportation in the World Legal Encyclopedia.
Transportation Transportation in the European Legal Encyclopedia.
Transportation Transportation in the Asian Legal Encyclopedia.
Transportation Transportation in the UK Legal Encyclopedia.
Transportation Transportation in the Australian Legal Encyclopedia.

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Transportation (Industry Regulation)

This section introduces, discusses and describes the basics of transportation. Then, cross references and a brief overview about Industry Regulation is provided. Finally, the subject of Antitrust, Trade Law in relation with transportation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Concept of Method of Transportation (MOT) in Foreign Trade

A definition of Method of Transportation (MOT) in relation with foreign trade is provided here: The method by which goods arrive in or are exported from the United States by way of seaports, airports, or land border crossing points. Methods of transportation include vessel, air, truck, rail, or other. For statistical purposes, methods of transportation are classified as vessel, air, or other.

Finding the law: Transportation in the U.S. Code

A collection of general and permanent laws relating to transportation, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines transportation topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Transportation

In Legislation

Transportation in the U.S. Code: Title 49

The current, permanent, in-force federal laws regulating transportation are compiled in the United States Code under Title 49. It constitutes “prima facie” evidence of statutes relating to Transportation (including transportation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Department of Transportation and Transport Programs of the US Code, including transportation) by chapter and subchapter.

Transportation

In Legislation

Transportation in the U.S. Code: Title 10, Subtitle A, Part IV, Chapter 157

The current, permanent, in-force federal laws regulating transportation are compiled in the United States Code under Title 10, Subtitle A, Part IV, Chapter 157. It constitutes “prima facie” evidence of statutes relating to General Military Law (including transportation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Supply to Military of the US Code, including transportation) by chapter and subchapter.

Transportation

In Legislation

Transportation in the U.S. Code: Title 10, Subtitle B, Part IV, Chapter 447

The current, permanent, in-force federal laws regulating transportation are compiled in the United States Code under Title 10, Subtitle B, Part IV, Chapter 447. It constitutes “prima facie” evidence of statutes relating to Army (including transportation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Supply to Military of the US Code, including transportation) by chapter and subchapter.

Transportation

In Legislation

Transportation in the U.S. Code: Title 10, Subtitle D, Part IV, Chapter 947

The current, permanent, in-force federal laws regulating transportation are compiled in the United States Code under Title 10, Subtitle D, Part IV, Chapter 947. It constitutes “prima facie” evidence of statutes relating to Air Force (including transportation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Supply to Military and Procurement of the US Code, including transportation) by chapter and subchapter.

Resources

See Also

Airplanes
Airports
Automobiles
Aviation
Federal Aviation Administration
Railroads, Trains and Subways
Ships and Boats
Surface Transportation Board

Further Reading

Law of One Price in the International Business Landscape

Definition of Law of One Price in the context of U.S. international business and public trade policy: In competitive markets free of transportation cost and barriers to trade, identical products sold in different counties must sell for the same price when their price is expressed in terms of the same currency.

Transportation: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Transportation. This part provides references, in relation to Transportation, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Transportation by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Transportation and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Transportation or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Transportation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Transportation. Finding these decisions can be challenging. In many cases, researchers about Transportation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Transportation when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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