In the waning days of the Obama administration, FHWA finalized the last set of performance measures for states and MPOs. That seemed to end a 4.5-year rulemaking effort that had kicked off in mid-2012 with the signing of the MAP-21 transportation bill. However, the incoming Trump administration delayed the rule’s February starting date, then allowed the rule to go into effect in May—except for a provision that would have required states and MPOs to track greenhouse-gas emissions related to the National Highway System. That provision was indefinitely delayed. Now the Natural Resources Defense Council and other environmental groups are suing to have the GHG measure reinstated.
lawsuits
Municipalities may be liable for crashes on streets where design encourages high speeds
On December 22, the New York State Court of Appeals, the state’s highest court, ruled that municipalities may be liable for traffic injuries when the design of roads contributes to reckless driving or excessive speeding. The 6-1 decision in Turturro v. City of New York found that city transportation officials did not adequately study traffic calming as a way to reduce the problem of excessive speeding on Gerritsen Avenue, a busy street in Brooklyn.
Municipalities may be liable for crashes on streets where design encourages high speeds
On December 22, the New York State Court of Appeals, the state’s highest court, ruled that municipalities may be liable for traffic injuries when the design of roads contributes to reckless driving or excessive speeding. The 6-1 decision in Turturro v. City of New York found that city transportation officials did not adequately study traffic calming as a way to reduce the problem of excessive speeding on Gerritsen Avenue, a busy street in Brooklyn.
California city loses lawsuit after death of bicyclist on road with substandard bike lanes and no lighting
In June 2012, Dr. Gerald Brett Weiss, a nationally known neurosurgeon, was killed when he was hit from behind while riding his bicycle in the community of Indian Wells, CA. In mid-November of this year his family won a $5.6 million judgment against Indian Wells, claiming that the city was negligent in not providing sufficient width for bike lanes or lighting that would have prevented the crash.
Two lawsuits seek to rein in transit data patent troll
After suing dozens of transit agencies and hundreds of private companies, patent troll company ArrivalStar could be hitting the wall. The United States Patent and Trademark Office has drastically narrowed the patent owned by the company after the Electronic Frontier Foundation filed a formal request to reexamine the patent’s legitimacy. The American Public Transit Association also filed a lawsuit in federal court seeking to halt frivolous patent infringement claims against public transit systems throughout the country and claiming that ArrivalStar’s lawsuits are invalid under the 11th Amendment.
Ohio city may lose federal road funding over refusal to install bus stops
Beavercreek, OH, could lose $10.7 million in federal transportation funding for roads because of its refusal to install bus stops requested by the RTA near a large mall. FHWA gave the city 90 days to take steps to comply with their request that the city approve a stop application process that did not violate federal discrimination guidelines.
Bill would rein in patent trolling of transit systems
A bipartisan bill pending in a U.S. House committee would put “patent trolls” on the hook for defendants’ legal costs, making unfounded patent-infringement suits less attractive.
“Patent troll” targets transit agencies over vehicle tracking apps
For years, technology companies have battled “patent trolls,” individuals and firms that do not produce products, but instead sue to assert patent rights to various innovations. Now at least one patent troll is targeting U.S. public transit agencies, over bus- and train-tracking applications the agencies make available to customers via smartphones and the Web. The apps, now in common use, represent significant innovation for transit agencies and a boon to riders. But the lawsuits are a legal and financial nightmare for cash-strapped transit operators.