Transportation Law
Traffic laws, DUI, vehicle regulations
Overview
Transportation law governs the regulation of air, sea, road, and rail transportation systems. The Department of Transportation oversees most federal transportation agencies, including the Federal Aviation Administration (FAA), National Highway Traffic Safety Administration (NHTSA), Federal Motor Carrier Safety Administration (FMCSA), and Federal Railroad Administration (FRA).
Aviation law covers airline safety, passenger rights, airspace regulation, and the growing area of drone (UAS) regulation. The FAA has exclusive authority over the national airspace. Maritime law (admiralty) governs shipping, seamen's rights under the Jones Act, marine pollution, and cargo claims. The Coast Guard enforces maritime safety and environmental laws.
Motor vehicle law at the federal level includes vehicle safety standards, fuel economy requirements (CAFE standards), and commercial truck driver regulations. State law governs traffic violations, DUI/DWI offenses, driver licensing, and vehicle registration. Railroad safety is regulated by the FRA, covering track standards, positive train control, and grade crossing safety.
Key Federal Laws
- •Federal Aviation Act (49 U.S.C. § 40101 et seq.)
- •National Traffic and Motor Vehicle Safety Act (49 U.S.C. § 30101)
- •Jones Act (46 U.S.C. § 30104)
- •Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399)
- •Federal Railroad Safety Act (49 U.S.C. § 20101)
Key Cases
- •Northwest Inc. v. Ginsberg (2014) — Federal preemption of state airline claims
- •Geier v. American Honda Motor Co. (2000) — Federal preemption of auto safety claims
- •Atlantic Sounding Co. v. Townsend (2009) — Punitive damages under Jones Act
- •Air Wisconsin Airlines Corp. v. Hoeper (2014) — Airline security reporting immunity
State Variations
While federal law preempts much of aviation and interstate trucking regulation, states retain significant authority over traffic laws, DUI enforcement, and vehicle registration. BAC limits for DUI are universally 0.08% but penalties vary widely. Some states have primary seatbelt enforcement while others have secondary enforcement. Speed limits, graduated licensing for young drivers, and distracted driving laws differ by state. States also vary on autonomous vehicle regulation.
Frequently Asked Questions
What are my rights if my flight is delayed or cancelled?
Under DOT rules, airlines must provide prompt refunds for cancelled flights if the passenger chooses not to be rebooked. For significant delays, passengers are entitled to rebooking on the next available flight or a refund. Airlines must provide food, water, and restroom access during long tarmac delays (3 hours for domestic, 4 for international). Compensation policies for delays vary by airline.
What is the Jones Act?
The Jones Act (Merchant Marine Act of 1920) has two key provisions: it allows seamen injured on the job to sue their employer for negligence (a right not available under general maritime law), and it requires goods shipped between U.S. ports to be carried on American-built, American-owned, American-crewed vessels. The Jones Act is significant for maritime workers' compensation and U.S. shipping policy.
Compare Transportation Law Across States
See how different states handle transportation law side by side.
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