This paper provides a checklist of the legal issues to be considered in reviewing pricing proposals. Four questions pose the basic legal issues that need to be considered before making a decision about implementing any pricing mechanism. Can the pricing technique be implemented as a regulatory measure under the police power in general or specific delegation of authority. Presuming there is authority to impose a pricing technique, is it a reasonable exercise of the police power? Does the pricing technique violate any constitutional principles (due process of law, equal protection of the laws, burden on interstate commerce, right to travel)? Can the pricing technique be implemented as a valid exercise of the taxing authority? Experience in the Washington metropolitan area with parking controls points out the need for strong interrelationship among techical, legal, and political analysis if any transportation measures are to be implemented.

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    • This paper appeared in Transportation Research Board Special Report No. 181, Urban Transportation Economics. It contains proceedings of Five Workshops on Pricing Alternatives, Economic Regulations, Labor Issues, Marketing, and Government Financing Responsibilities held by Transportation Research Board. Sponsored by Office of the Secretary, Federal Highway Administration, and Urban Mass Transportation Administration of DOT; Environmental Protection Agency; and Federal Energy Administration. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
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    Transportation Research Board

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  • Authors:
    • Bosley, John J
    • Schaller, Madeleine B
  • Publication Date: 1978

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  • Media Type: Digital/other
  • Features: References;
  • Pagination: pp 57-61
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Filing Info

  • Accession Number: 00176491
  • Record Type: Publication
  • Files: TRIS, TRB, ATRI
  • Created Date: Nov 14 1981 12:00AM