The movement of goods and people around the United States is a massive undertaking. It is governed by a dense web of state and federal rules and regulations.
Transportation lawyers handle legal issues involving most aspects of road, air, rail, and marine travel. This includes addressing contract disputes, liability and insurance coverage, regulatory compliance, safety standards, and commercial freight shipping activity.
Federal Law
What is transportation law? Federal transportation laws set safety standards for airplanes, trains, automobiles, and shipping companies. These laws are based on legislation enacted by Congress, with some also relying on the authority of the Commerce Clause. In the past, the federal government has used the promise of government funding to force states into adopting certain transportation laws. For example, highway funding was tied to lowering drunk driving limits.
Federal laws relating to transportation are often highly technical, dealing with everything from the number of seat belts required in passenger cars to the amount of rest time commercial truck drivers must take. However, many aspects of transportation law are broader than just the specific regulations. For example, the Department of Labor regulates workers’ rights in the transit industry. And the Americans with Disabilities Act of 1990 requires that mass transit systems provide access for people with disabilities.
A lawyer specializing in transportation law must be able to translate complex scientific information into understandable and enforceable rules. This makes it important for a lawyer to communicate well with government agencies and private businesses. A lawyer may focus on transportation law as a full-time practice or include it as part of a broader practice that includes criminal law and general business representation. Regardless of how a lawyer practices, they must know the ins and outs of the various state and federal transportation laws.
State Law
In addition to federal law, transportation laws are made at the state level. These laws govern everything from how fast a driver can go down a highway to how long commercial drivers must rest between shifts. While many of these rules are similar across the country, some significant differences exist. For example, some States require drivers to wear seat belts while others do not.
Moreover, states often create administrative agencies to enforce their traffic laws. This contrasts with federal transportation laws, which often create a single agency to administer all forms of travel. This makes it necessary for individuals and companies to understand the different rules of each jurisdiction.
If an individual or company is accused of violating a state transportation law, they have the right to be heard. This usually involves a formal hearing before an administrative law judge or a court of law. Transportation attorneys help their clients prepare for these hearings.
In addition, transportation lawyers can help with cargo claims. With trillions of dollars worth of goods being shipped around the United States each year, disputes can arise about lost or damaged cargo. These disputes often involve complex legal issues and may be the subject of a lawsuit. For example, if a shipper or carrier loses a container of pharmaceutical drugs, the company might file a claim against the shipping or insurance companies involved.
International Law
Regardless of how a freight shipment is transported, it is subject to international laws. In addition to transportation contracts, this area of law also addresses issues such as regulatory compliance, licensing, safety regulations, environmental concerns, and international transportation agreements.
As with laws of any type, transportation laws can be broadly formulated and regulated at a transport system level or narrowly defined to cover specific vehicles, things, or behaviors within that transport system. For example, the International Chamber of Commerce’s Incoterms rules define the tasks, costs, and risks that should be borne by sellers and buyers for shipments sold in international trade transactions.
Transportation lawyers help clients navigate this broad and complex field of law by handling issues like:
- Contract Disputes: Handling disputes related to transportation contracts, including terms, performance, payment, and breach.
- Liability and Insurance: Defending against claims by third parties, including passengers, for damages due to accidents on the road, at sea, or in the air.
- Cargo Claims: Handling disputes over damaged or lost cargo from transportation.
Accidental injuries or death on the road, in the water, or the sky are a serious concern and must be addressed immediately. A qualified transportation attorney can help clients handle all types of accidents, whether they involve a commercial truck or an airplane crash.
Administrative Law
Regulatory compliance, employment issues, and cargo claims are a few of the broader aspects that transportation law covers. Lawyers can specialize in transportation law or handle these matters as part of a general practice. For instance, a criminal attorney who regularly deals with DUI cases might occasionally deal with transportation law when addressing administrative hearings regarding a client’s driver’s license suspension.
Federal agencies create and oversee transportation laws at a more macro level, imposing regulations on trucks and other surface vehicles, trains, planes, and shipping containers. Individuals and businesses need attorneys to assist them with the nuances of these rules and legal disputes that arise.
For example, one of the most common legal issues in trucking is navigating regulatory compliance, including licensing, safety standards, environmental concerns, and international transportation agreements. Another example involves disputed transportation contracts, such as terms, performance, and payment issues. Disputes involving per diem and demurrage charges are also common.
The federal government has many administrative agencies regulating every aspect of the economy, including transportation law. These agencies can also make decisions on appeal that are not binding to any court.