THE LAW OF INTERGOVERNMENTAL RELATIONS: IVHS OPPORTUNITIES AND CONSTRAINTS

State, regional, and local government units perform two roles in the transportation sector: 1) regulator and 2) service-provider. Both are impacted by the emergence of the cluster of Intelligent Vehicle Highway System (IVHS) technologies. With respect to the regulatory function, the first question that must be addressed is that of empowerment -- does the entity have the authority to regulate? The second question is that of preemption -- has the entity's regulatory authority been modified or taken away? With respect to the service-provision function, the basic question that must be addressed is that of empowerment -- does the entity have the authority to provide the service either on its own or in collaboration with other units of government? To answer these questions, this paper surveys the current statutory and constitutional provisions as well as pertinent court decisions. The final part of the paper discusses four different legal frameworks for dealing with the problems of intergovernmental conflict and coordination generated by IVHS technologies.

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  • Corporate Authors:

    University of Denver College of Law

    Editor in Chief, 7039 E 18th Avenue
    Denver, CO  United States  80220
  • Authors:
    • Libonati, M E
  • Publication Date: 1994

Language

  • English

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Filing Info

  • Accession Number: 00668886
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 28 1994 12:00AM