An Introduction To Transportation Law For Beginners
The transportation industry is a dynamic and heavily regulated marketplace. This article provides an introduction to transportation law for those who are just getting started.
It covers the main areas of transportation law, as well as some of the main regulatory bodies and industry associations that are relevant to professionals working in this field.
To become a transportation lawyer, you’ll need to complete an undergraduate degree program and gain relevant experience (or take continuing education courses) to qualify for licensing as a lawyer.
Keep reading to find out more about this exciting career path!
What Is Transportation Law?
Transportation law is the study and practice of all things related to the transportation industry including land, sea, and air travel. It covers a wide range of topics, including licensing and safety regulations, contracts, and insurance.
Transportation lawyers advise clients on regulations, contractual obligations, and risk management issues related to all modes of transport discussed below in more detail.
Roads And Highways
One aspect of transportation law is the regulation of highways and roads. In the United States, state and local authorities are responsible for the maintenance and operation of most roads.
There are some exceptions, such as federal highways and roads near military bases and Native American reservations. Federal transportation regulations are mostly related to the construction and maintenance of roads and highways that cross state lines.
In addition to the actual transportation of goods and people, transportation law often intersects with other areas of the law, including public health and safety, land use, zoning, and environmental law.
For example, regulations govern the transportation of hazardous materials such as chemicals and fuels. Other transportation laws relate to vehicle safety and insurance, as well as driving and parking rules.
Air Travel
Air travel is heavily regulated at both the state and federal levels. The Federal Aviation Administration (FAA) is the federal agency responsible for regulating all aspects of civil aviation in the United States.
Although the FAA is focused on aviation safety, it also has regulatory authority over airport operations, aircraft operations, and the design of aircraft. Air travel regulation also relates to public health and safety, consumer protection, and environmental law.
For instance, the Clean Air Act requires air carriers to use fuel that is “cleaner-burning” and more efficient. Air travel regulation is increasingly focused on security and passenger safety.
As a result, passengers may be subject to additional screening procedures, including mandatory removal of shoes and liquids, and restrictions on certain personal items. Air passengers also have certain rights, including the right to compensation if their flight is delayed or canceled.
Maritime Law
Maritime law regulates travel on the ocean, including shipping, cruise lines, and other commercial uses of the water. It is a combination of federal and international laws that are applicable to all types of water-based travel.
Maritime law is also applicable to inland waters that are navigable, such as rivers and lakes. This law is a specialized area of transportation law that requires a strong knowledge of admiralty law and commercial law. It is an incredibly complex area of law and is governed by federal law.
As a result, it can vary substantially from state to state.
Train Travel
Public passenger rail travel is regulated at the federal and state levels. The National Railroad Passenger Corporation (Amtrak) is a private corporation that operates the national intercity passenger rail network.
Amtrak is required to comply with a number of federal laws, including the Americans with Disabilities Act (ADA), the Clean Air Act, and the Federal Railroad Safety Act. State laws may also apply to the operation of Amtrak trains.
Rail freight is also heavily regulated at both the federal and state levels. The Federal Railway Administration regulates the safety of the rail system and the safety of those who work on the rail system.
Each state has its own Railroad Commission which regulates rates and other aspects of railroad companies, including safety.
Bus Travel
Bus travel is heavily regulated at both the federal and state levels. The Federal Motor Carrier Safety Administration (FMCSA) regulates intercity and charter bus operators. State laws may also regulate bus travel. Bus travel regulation is focused on vehicle safety and driver licensing and qualifications.
Passengers may be subject to additional screening procedures, including mandatory removal of shoes and liquids, and restrictions on certain personal items. Bus travel regulation is increasingly focused on the safety of passengers.
As a result, passengers are increasingly subject to additional screening procedures. In some cases, passengers may be required to walk through a metal detector or a full-body scanner.
Licensing And Safety Regulations For Vehicles And Drivers
Vehicles and drivers are subject to licensing and safety regulations at the federal, state, and local levels.
Regulatory agencies such as the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Federal Aviation Administration (FAA) have authority over the licensing of vehicles and drivers. Many states also have their own licensing requirements for vehicles and drivers.
In addition to licensing and registration, vehicles and drivers are also subject to numerous safety regulations. These regulations govern everything from hours of service for truck drivers to the proper maintenance of vehicles.
Conclusion
Transportation law plays a crucial role in modern society, and there are many opportunities within the field. From air travel to rail travel to maritime shipping, transportation law affects all aspects of our lives.
To become a transportation lawyer, you’ll need to complete an undergraduate degree program and gain relevant experience (or take continuing education courses) to qualify for licensing as a lawyer.