Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.

This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.

Three factors -- project funding sources and project characteristics, and whether a state allows the adoption of federal review documents generally determine whether a highway project needs a federal environmental review under the National Environmental Policy Act (NEPA) or a state environmental review under state law, or both. This book focuses on environmental reviews of highway projects in states with SEPAs and addresses factors determining whether federal or state environmental reviews are required; how state and federal review requirements compare; and the extent of any duplication in federal and state reviews, including frequency and cost. This book also discusses the role of the environmental review process in federally funded highway projects.

Federal agencies (excluding the U.S. Postal Service) spend about $3 billion annually to acquire, operate, and maintain about 450,000 civilian and non-tactical military vehicles. Agencies may lease or buy vehicles from GSA, which also issues requirements and guidance on fleet management. In recent years, Congress and the President have raised concerns about the size and cost of federal agencies' fleets. In 2011, the President directed agencies to determine their optimal fleet inventories and set targets for achieving these inventories by 2015 with the goal of a more cost-effective fleet. This book discusses the notion of adopting leading practices and how they could improve management of federal vehicle fleets; overall increase in number of vehicle masts that some agencies decreased their fleets; and strategies needed to address aging delivery fleet.

On 6 July 2012, President Barack Obama signed the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112141). The act authorised spending on federal highway and public transportation programs, surface transportation safety and research, and some rail programs and activities through September 30, 2014. MAP-21 authorised roughly $105 billion for FY2013 and FY2014 combined. This book examines the MAP-21 Act and the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, which is designed to fill market gaps and leverage substantial non-federal investment by providing federal credit assistance to help finance surface transportation projects including highway, transit, rail, and intermodal projects.

This is an EXACT reproduction of a book published before 1923. This IS NOT an OCRd book with strange characters, introduced typographical errors, and jumbled words. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

The National Mediation Board (NMB) was established under the Railway Labor Act to facilitate labor relations for railroads and airlines by mediating and arbitrating labor disputes and overseeing union elections. The FAA Modernization and Reform Act of 2012 included a provision for United States Government Accountability Office (GAO) to evaluate NMB programs and activities every 2 years. GAOs first report under this provision, issued in December 2013, included seven recommendations for NMB based on assessments of policies and processes in several management and program areas. This book examines the extent to which NMB has implemented recommendations made by GAO in December 2013, and incorporated key procurement practices.

Walking and biking are becoming increasingly popular modes of transportation: nearly a million more people reported walking or biking to work in 2013 than in 2005. While total traffic fatalities declined from 2004 through 2013 (the most recent year for which data are available), this was not matched by a similar decline in pedestrian and cyclist fatalities. This book examines trends in pedestrian and cyclist fatalities and injuries from 2004 through 2013 and characteristics of these fatalities and injuries; safety initiatives selected states and cities have implemented and their views on challenges in addressing this issue; and actions taken by the U.S. Department of Transportation (DOT) to help improve safety. Furthermore, this book identifies noteworthy and innovative international designs, treatments, and other practices that have potential to improve bicycle and pedestrian safety and access and increase walking and bicycling in the United States.

Long-standing U.S. policy has treated the U.S.-flag international fleet as a naval auxiliary to be available in times of war or national emergency. When the United States is involved in an extended military conflict overseas, 90% or more of military cargoes are typically carried by ship. To support the U.S. merchant marine, Congress has required that "government-impelled" cargo sent overseas be carried on U.S.-flag ships. Government-impelled cargo (a.k.a. "preference cargo") is government-owned cargo, such as military supplies and food aid, and any cargo that is somehow financed by the federal government, such as by the Export-Import Bank. While export shipments account for the vast bulk of government-impelled cargo, in 2008 Congress extended the law to require that state and local governments and private entities importing goods with federal financial assistance ship at least 50% of such cargo in U.S.-flag vessels. Regulations to implement that requirement have not been issued. This book explains the motivation behind cargo preference law, discusses issues concerning the cost-effectiveness of the program, reviews attempts to apply cargo preference to the nation's oil trade, and identifies several disparate bills reflecting wide disagreement on the future direction of cargo preference policy. The book also examines cargo preference for food aid's (CPFA) impact on food aid shipping cost and U.S. agencies' implementation of CPFA requirements, and the extent to which the implementation of CPFA requirements contributes to sufficient sealift capacity.

In fiscal year 2013, the Department of Transportation (DOT) provided about $50 billion to states and other grantees (such as metropolitan planning organisations and transit agencies) to support highway and transit infrastructure and safety. However, it is not clear if this funding has improved system performance because, in part, these programs have lacked links to performance and national goals. This book examines the progress that DOT has made in developing a national performance-based approach to surface transportation; and the challenges states and other grantees report facing in implementing this approach. This book also reports on the extent to which federal transit programs use performance information in making decisions about funding distribution and in evaluating the programs' effectiveness; mechanisms for making these programs more performance based, and strategies for supporting their successful implementation; and how selected U.S. and foreign transit agencies have used performance measurement in their planning and decisions, and their views on the federal role in transit.

UEbersichtlich strukturiert und pragnant zusammengefasst, vermittelt der Band die Grundlagen des Transportrechts: vom deutschen Gutertransportrecht uber das Speditions-, Umzugs- und Lagerrecht bis zu den internationalen Regelungen des Transportrechts. Die wichtigsten gesetzlichen Normen werden im Wortlaut vorgestellt, verstandlich kommentiert und in Schaubildern und UEbersichten zusammenfassend dargestellt. Auch die nationalen und internationalen Speditionsbedingungen finden Berucksichtigung.

Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to "switch" bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions - and many others like them - cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises - and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.