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Concept
Transport law
Summary
Transport law (or transportation law) is the area of law dealing with transport. The laws can apply very broadly at a transport system level or more narrowly to transport things or activities within that system such as vehicles, things and behaviours. Transport law is generally found in two main areas:
legislation or statutory law passed or made by elected officials like Parliaments or made by other officials under delegation
case law decided by courts.
Legislation typically consists of statutes known as Acts and delegated legislation like regulations, orders or notices. Case law consists of judgments, findings and rulings handed down by courts.
Transport laws can apply at a global transport system-wide level. A transport system can encompass a wide range of matters which make up the system. These include -
heavy and light rail systems including associated land, infrastructure and rolling stock which comprise trains, trams and light rail vehicles
roads including freeways, arterial roads and paths
vehicles including cars, trucks, buses and bicycles
ports and waterways
commercial ships and recreational vessels
air transport systems and aircraft.
A transport system includes not only system infrastructure and conveyances, but also things like -
communication systems and other technologies
strategic, business and operational plans
schedules, timetables and ticketing systems
safety systems
labour components
service components
government decision makers like Ministers, departments, authorities, corporations, agencies and other legal persons.
The Transport Integration Act of Victoria, Australia provides an example of the use of a broad statutory formulation to circumscribe the operation of a transport law in legislative form.
Individual components can be identified from this broad transport system formulation and then regulated discreetly. For example, a bus or a car forms part of a broad transport system but are commonly regulated on an individual basis in terms of identification (registration), control of the vehicle (driver licensing and drug and blood alcohol controls), vehicle forms and fittings (vehicle standards) and other safety requirements.
Official source
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