2005 Synopsis of the Law

This publication describes how the current laws of the year 2005 affect public transportation. It is divided into 8 Tabs or sections. The first Tab consists of the following Federal Transit Publications: (1) FY 2005 Master Agreement, October 1, 2004; (2) FTA FY 2005 Apportionments, Allocations and Program Information, Notice; (3) FY 2005 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements, Notice; (4) Assorted Guidance and Dear Colleague Letters, 2004; and (5) Charter Service Report, October 15, 2004 - Submitted to House and Senate Committees on Appropriations, US Congress. The second Tab describes the following Procurement and Standards Issues: (1) Approval of Procurement Task Force Recommendation, APTA, November 2004; (2) Cooperative Procurement Pilot Program; Request for Proposals, June 23, 2004; (3) FTA Procurement News (from www.fta.dot.gov); (4) Buy America Letters of Interpretation and Waivers, March 2004 - Present; and (5) APTA Memorandum of Status of Buy America Task Force, September 2004. The third Tab describes the following Rail Issues: (1) Federal Railroad Administration Interim Final Rule - “Use of Locomotive Horns at Highway-Rail Grade Crossings,” December 18, 2003; (2) Federal Railroad Administration Interim Final Rule; Change of Effective Date, November 22, 2004; (3) Federal Railroad Administration Press Release and FAQs on Extending the Effective Date of the Interim Final Rule; (4) K&L Alerts on the User of Locomotive Horns at Highway-Rail Grade Crossings; (5) Federal Transit Administration Notice of Proposed Rulemaking - “Rail Fixed Guideway Systems; State Safety Oversight,” March 9, 2004; and (6) APTA Letters to Docket - State Safety Oversight NPRM. The fourth Tab deals with the Americans with Disabilities Act and describes the following legal cases in detail: (1) Foley v. City of Lafayette, Indiana and Fred Taylor, US Court of Appeals for the Seventh Circuit, March 8, 2004, where neither interruption nor alternative ramp’s snow-covered conditions constituted a violation of ADA or the Rehabilitation Act). (2) Melton v. Dallas Area Rapid Transit, US Court of Appeals for the Fifth Circuit, November 19, 2004, where DART not required by ADA or Rehabilitation Act to make further reasonable accommodation to paratransit service where DART had already been providing curb to curb service; (3) Ability Center of Greater Toledo v. City of Sandusky and Gerald Lechner, US Court of Appeals for the Sixth Circuit, October 1 2004, where Title II of the ADA is enforceable through private right of action where there are city renovated sidewalks and street curbs; (4) TWU et al. v. New York City Transit Authority, US District Court Southern District of NY, October 12,2004, where sick leave policy that makes inquiries concerning health and medical conditions were upheld for safety-sensitive employees; (5) Grill v. Costco Wholesale Corporation, US District Court Western District of Washington at Seattle, January 22, 2004, regarding service animals definitions and inquiries; and (6) FTA ADA Information Bulletin, Office of Civil Rights, regarding Rail Station Platform Requirements. The fifth Tab deals with Safety and Security Issues and describes the following: (1) Comprehensive Terrorist-Related Screening Procedures, August 27, 2004, Homeland Security Presidential Directive/Hspd-11; (2) FTA “Transit Threat Level Response Recommendation;” (3) FTA “Top 20 Security Program Action Items for Transit Agencies,; (4) Department of Homeland Security, “Procedures for Handling Critical Infrastructure Information, Interim Rule,” February 20, 2004; (5) Department of Homeland Security, Transportation Security Administration, “Protection of Sensitive Security Information; Technical Amendment,” January 7, 2005; and (6) Memorandum of Understanding Between the Department of Homeland Security and the Department of Transportation on Roles and Responsibilities, September 2004. The sixth Tab deals with Labor and Employment Issues and describes: (1) Department of Labor, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees; Final Rule,” April 23, 2004; and (2) Department of Labor, Frequently Asked Questions (FAQ), and Overtime Security for the 21st Century Workforce. The seventh Tab describes the First Amendment and other Civil Rights Issues and the following case studies are described: (1) Memorandum of Plaintiffs, ACLU et al v. Mineta et al., in the US District Court for the District of Columbia, February 18, 2004; (2) ACLE et al v. Mineta et al., US District Court for the District of Columbia where Appropriations language restricting federal grantees’ advertising activities is viewpoint-discriminatory, and an unconstitutional exercise of Congress’ broad spending power, therefore, DOT enjoined from enforcing appropriations language; and (3) New York City Transit Proposed Rules and Regulations Governing the Conduct and Safety of the Public, December, 2004. The last Tab, Tab 8 discusses the following miscellaneous issues: (1) Transit Cooperative Research Program, Selected Studies in Transportation Law, Volume 5, Transit Law, Cover, Title Page, and Project Committee Information; and (2) Summary of APTA Legal Affairs Listserv Questions and Responses, March 2004-October 2004.

  • Supplemental Notes:
    • Also availalbe: 2005 Synopsis of Law Addendum, March 2005.
  • Corporate Authors:

    American Public Transportation Association

    1666 K Street, NW, Suite 1100
    Washington, DC  United States  20006
  • Publication Date: 2005-5


  • English

Media Info

  • Media Type: Print
  • Features: Tables;
  • Pagination: v.p.

Subject/Index Terms

Filing Info

  • Accession Number: 01000585
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 19 2005 12:12PM