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Title: WORKSHOP ON LEGAL RESPONSIBILITIES AND IMPLICATIONS
Accession Number: 00376333
Record Type: Component
Availability: Find a library where document is available Abstract: Two major issues were discussed in this workshop: interjurisdictional conflicts and inconsistent regulations; and regulatory enforcement and penalties to secure compliance. The problem of interjurisdictional conflicts was viewed mainly as a conflict between federal and nonfederal (state and local) laws and regulations. It was also viewed as one of lateral conflict between states, between local jurisdictions, and between the different regions of the country. Three strategies were recommended: a meeting sponsored by the Department of Transportation (DOT) of interested state and local parties using existing state and local association organizations to work out, or to establish mechanisms to work out interjurisdictional conflicts; the voluntary setting up by DOT of an advisory council, perhaps through the Federal Advisory Committee Act, to assist DOT in establishing its regulatory guidelines and perhaps even adjudicating interjurisdictional disputes; and a legislatively mandated advisory council with a fixed charter and with authority to issue binding rulings in case of proposed regulations on the federal, state, and local parties, and the authority to use some form of an adjudicatory process to resolve conflicts. Regarding regulatory enforcement and penalties to secure compliance, the consensus was that existing enforcement mechanisms, both civil and criminal, are generally acceptable as means for securing compliance, but the enforcement mechanisms need to be selectively, consistently, fairly, visibly, and aggressively used. Other aspects that were discussed were civil liability and social regulation, the use of cost/benefit analyses, the validity of regulations that are not enforced, and the use of criminal sanctions. It was recommended that the federal government should consider adopting and publishing a policy statement on their enforcement philosophy for both criminal and civil liability.
Supplemental Notes: 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. This paper appeared in Transportation Research Special Report No. 197, Transportation of Hazardous Materials: Toward a National Strategy (Volume 2).
Monograph Accession #: 00376315
Corporate Authors: Transportation Research Board 500 Fifth Street, NW Authors: Wasser, S NPagination: pp 74-76
Publication Date: 1983
Media Type: Digital/other
TRT Terms: Uncontrolled Terms: Geographic Terms: Subject Areas: Freight Transportation; Highways; Law; Safety and Human Factors; I81: Accident Statistics
Files: TRIS, TRB, ATRI
Created Date: Sep 30 1983 12:00AM
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