Transportation in the United States
is governed by laws and regulations of the
federal government
. The
Department of Transportation
is responsible for carrying out federal transportation policy, and the
Department of Homeland Security
is responsible for security in transportation.
Policy development
[
edit
]
The
Commerce Clause
of the
United States Constitution
grants Congress the power to regulate interstate commerce, and this power was upheld by the Supreme Court in
Gibbons v. Ogden
.
[1]
Transportation regulations are created by agencies within the Department of Transportation, and the department is responsible for carrying out federal transportation policy. The mission statement of the Department of Transportation is "to deliver the world’s leading transportation system, serving the American people and economy through the safe, efficient, sustainable, and equitable movement of people and goods."
[2]
Congress is also authorized to establish
post roads
as part of the
Postal Clause
. Federal transportation policy is codified under
Title 49 of the United States Code
and
Title 49 of the Code of Federal Regulations
.
The need for federal transportation policy arose as the United States spread westward in the 19th century. The
National Road
was funded by the federal government in 1806 to connect the East Coast and the Midwest. The
General Survey Act
of 1824 authorized surveys to plan transportation routes that were considered to be of national importance. The Department of Transportation was established in 1967. The
Hazardous Materials Transportation Act
of 1975 tasked the Department of Transportation with regulating the transport of hazardous materials. Transportation policy was heavily deregulated in the 1970s and 1980s. Transportation planning was reformed by the
Intermodal Surface Transportation Efficiency Act
of 1991.
The
September 11 attacks
and the
2001 anthrax attacks
prompted significant changes to transportation security policy in the 2000s. The
Aviation and Transportation Security Act
created the
Transportation Security Administration
(TSA), which took over responsibilities for airport security from private companies. The Department of Homeland Security was created by the
Homeland Security Act of 2002
, and this department took control of the TSA, the
U.S. Customs and Border Protection
, and the
United States Coast Guard
, among other agencies.
[3]
Aviation policy
[
edit
]
Air transportation in the United States
is overseen by the Federal Aviation Administration, which is responsible for airports,
air traffic control
, and aviation safety regulations. Regulations vary depending on the type of aircraft, with aircraft of different sizes and purposes subject to different regulations.
[4]
Other relevant organizations to aviation policy include the Transportation Security Administration, which is responsible for security in airports, and NASA, which is responsible for aviation research. Airports in the United States are typically publicly owned with operations contracted to private companies, though airports may be privatized under the Airport Investment Partnership Program of 1997. Foreign air carriers are required to comply with the
International Civil Aviation Organization
and to establish an aviation security agreement with the United States before operating in American
airspace
.
[4]
The first federal aviation agency was created in 1915, when the
National Advisory Committee for Aeronautics
(NACA) was established to conduct aeronautical research.
[5]
The
Air Commerce Act
of 1926 established the Aeronautic Branch within the
Department of Commerce
to regulate aviation, and the branch was reformed into the
Bureau of Air Commerce
in 1934. In 1938, the
Civil Aeronautics Act
replaced the Bureau of Air Commerce with the
Civil Aeronautics Authority
, granting the new agency regulatory powers over airline fares and routes. Two years later, the Civil Aeronautics Authority was split into the
Civil Aeronautics Administration
, which regulated
air traffic control
, and the
Civil Aeronautics Board
, which regulated
aviation safety
. The
Federal Aviation Act of 1958
replaced the Civil Aeronautics Authority with the Federal Aviation Agency, which would later be named the
Federal Aviation Administration
. NACA was also replaced at this time, with
NASA
being established to expand aeronautic research to cover space travel research.
[5]
The
National Transportation Safety Board
was established in 1967 to take over the accident investigation powers of the Civil Aeronautics Board. The
Airline Deregulation Act
of 1978 relinquished federal control over airline fares and routes and abolished the Civil Aeronautics Board.
Maritime policy
[
edit
]
Water transport in the United States
is overseen by the
Maritime Administration
, the
St. Lawrence Seaway Development Corporation
, and the
Federal Maritime Commission
. The
United States Merchant Marine
is a fleet of civilian and federal owned ships that transports goods in American waters and serves as an auxiliary to the Navy.
Federal courts
have jurisdiction over maritime law.
The
United States Shipping Board
was created in 1916. The
Merchant Marine Act of 1920
regulates maritime commerce and restricts
cabotage
. The Shipping Board was abolished in 1934 and replaced by the
United States Maritime Commission
in 1936. The Maritime Commission was replaced by the Maritime Administration in 1950.
Rail policy
[
edit
]
Rail transportation in the United States
is overseen by the
Federal Railroad Administration
.
Amtrak
is a government-owned corporation responsible for intercity rail.
Several
Pacific Railroad Acts
were passed in the 1860s to encourage the development of a
transcontinental railroad
, and the
first transcontinental railroad
was constructed to connect the eastern railroad networks to the West Coast in 1869.
[6]
Throughout the 19th century, railroads were privately owned, resulting in
natural monopolies
and
price fixing
, particularly among shorter routes. Congress responded by passing the
Interstate Commerce Act of 1887
, the first law to create a federal regulatory body for a specific industry. The Interstate Commerce Act applied several regulations to railroad prices and established the
Interstate Commerce Commission
(ICC).
[7]
The powers of the ICC were expanded by laws such as the
Elkins Act
of 1903, the
Hepburn Act
of 1906, the
Mann?Elkins Act
of 1910, and the
Valuation Act
of 1913. The
Railroad Safety Appliance Act
of 1893 was passed as an early regulation of rail safety.
Congress funded
high-speed rail
with the
High-Speed Ground Transportation Act of 1965
. The
4R Act
of 1976 and the
Staggers Rail Act
of 1980 deregulated railroads as part of an overhaul of American transportation policy. The ICC was replaced with the
Surface Transportation Board
in 1995.
Road policy
[
edit
]
Driving in the United States
is overseen by the
Federal Highway Administration
. The federal government is responsible for the interstate highways, while most other roads are maintained by local and state governments. Road safety is a major concern in American transportation policy. About 95% of transportation-related deaths occur on streets, roads, and highways.
[8]
Road safety policy is overseen by the
Federal Motor Carrier Safety Administration
and the
National Highway Traffic Safety Administration
. The United States is also a party to the
Geneva Convention on Road Traffic
.
In 1905, the Office of Public Roads was established by merging the Division of Tests and the Office of Public Road Inquiries. 10% of the excess funds produced by the
Forest Service
were appropriated for the production of federal roads serving national forests. Its name was changed to the Bureau of Public Roads in 1919.
[9]
The
Federal Aid Road Act of 1916
was the first law to fund
federal highways
, and several
Federal-Aid Highway Acts
were passed through the 20th century to build on this law.
[10]
[11]
The
Federal-Aid Highway Act of 1944
authorized the construction of
interstate highways
, and the federal government set standards with input from state administrations. Upon entering the
Korean War
military readiness became a concern and the
Federal-Aid Highway Act of 1952
increased funding for the highways to this end. President Eisenhower was a strong advocate for a national highway system, and his administration successfully pushed for further expansion in the
Federal-Aid Highway Acts of 1954
and
1956
.
[11]
The
National Maximum Speed Law
was enacted in 1974 and would not be repealed until 1995. The
Motor Carrier Act of 1980
deregulated trucking.
The
Highway Beautification Act
establishes regulations for the environments surrounding federal highways.
[12]
Interstate Highway standards
are regulated by the
American Association of State Highway and Transportation Officials
.
Road signs
are standardized by the Federal Highway Administration in the
Manual on Uniform Traffic Control Devices
. The
Highway Trust Fund
is used to finance federal road maintenance.
Odometer fraud
is a federal crime under the
Federal Odometer Act
.
[13]
See also
[
edit
]
References
[
edit
]
- ^
"Gibbons v. Ogden, 22 U.S. 1 (1824)"
.
Justia Law
. Retrieved
2022-05-11
.
- ^
"About DOT"
.
U.S. Department of Transportation
. March 28, 2022.
- ^
"Legislative Updates ? Homeland Security Act of 2002"
. Office of Legislative Policy And Analysis. Archived from
the original
on May 27, 2010.
- ^
a
b
Westwood Wilson, Diane; Bowles, Paul N.; Cunningham, Jean M. (2022). "USA".
Aviation Law Report 2022
. ICLG.
- ^
a
b
Suckow, Elizabeth (April 23, 2009).
"NACA Overview"
.
NASA
.
- ^
"Transportation before 1876"
.
National Museum of American History
. 2017-02-28.
- ^
"Interstate Commerce Act (1887)"
.
National Archives
. 2021-09-08.
- ^
Strategic Plan FY 2022-2026
(PDF)
(Report). U.S. Department of Transportation. 2022. pp. 7?12.
- ^
"History | FHWA"
.
U.S. Department of Transportation
. February 25, 2022.
- ^
Weingroff, Richard F. (1996).
"Federal Aid Road Act of 1916: Building The Foundation"
.
Public Roads
.
60
.
Federal Highway Administration
.
- ^
a
b
Weingroff, Richard F. (1996).
"Federal-Aid Highway Act of 1956: Creating The Interstate System"
.
Public Roads
.
Federal Highway Administration
.
- ^
Pub. L.
Tooltip Public Law (United States)
89?285: Highway Beautification Act
- ^
Pub. L.
Tooltip Public Law (United States)
103?272: Federal Odometer Act