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Transportation in the United States is governed by laws and regulations of thefederal government. TheDepartment of Transportation is responsible for carrying out federal transportation policy, and theDepartment of Homeland Security is responsible for security in transportation.
TheCommerce Clause of theUnited States Constitution grants Congress the power to regulate interstate commerce, and this power was upheld by the Supreme Court inGibbons 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 establishpost roads as part of thePostal Clause. Federal transportation policy is codified underTitle 49 of the United States Code andTitle 49 of the Code of Federal Regulations.
The need for federal transportation policy arose as the United States spread westward in the 19th century. TheNational Road was funded by the federal government in 1806 to connect the East Coast and the Midwest. TheGeneral 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. TheHazardous 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 theIntermodal Surface Transportation Efficiency Act of 1991.
TheSeptember 11 attacks and the2001 anthrax attacks prompted significant changes to transportation security policy in the 2000s. TheAviation and Transportation Security Act created theTransportation Security Administration (TSA), which took over responsibilities for airport security from private companies. The Department of Homeland Security was created by theHomeland Security Act of 2002, and this department took control of the TSA, theU.S. Customs and Border Protection, and theUnited States Coast Guard, among other agencies.[3]
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 theInternational Civil Aviation Organization and to establish an aviation security agreement with the United States before operating in Americanairspace.[4]
The first federal aviation agency was created in 1915, when theNational Advisory Committee for Aeronautics (NACA) was established to conduct aeronautical research.[5] TheAir Commerce Act of 1926 established the Aeronautic Branch within theDepartment of Commerce to regulate aviation, and the branch was reformed into theBureau of Air Commerce in 1934. In 1938, theCivil Aeronautics Act replaced the Bureau of Air Commerce with theCivil Aeronautics Authority, granting the new agency regulatory powers over airline fares and routes. Two years later, the Civil Aeronautics Authority was split into theCivil Aeronautics Administration, which regulatedair traffic control, and theCivil Aeronautics Board, which regulatedaviation safety. TheFederal Aviation Act of 1958 replaced the Civil Aeronautics Authority with the Federal Aviation Agency, which would later be named theFederal Aviation Administration (FAA). The NACA was also replaced at this time, with theNational Aeronautics and Space Administration (NASA) being established to expand aeronautic research to cover space travel research.[5] TheNational Transportation Safety Board was established in 1967 to take over the accident investigation powers of the Civil Aeronautics Board. TheAirline Deregulation Act of 1978 relinquished federal control over airline fares and routes and abolished the Civil Aeronautics Board.
Water transport in the United States is overseen by theMaritime Administration, theGreat Lakes St. Lawrence Seaway Development Corporation, and theFederal Maritime Commission. TheUnited 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.
TheUnited States Shipping Board was created in 1916. TheMerchant Marine Act of 1920 regulates maritime commerce and restrictscabotage. The Shipping Board was abolished in 1934 and replaced by theUnited States Maritime Commission in 1936. The Maritime Commission was replaced by the Maritime Administration in 1950.
Rail transportation in the United States is overseen by theFederal Railroad Administration.Amtrak is a government-owned corporation responsible for intercity rail.
SeveralPacific Railroad Acts were passed in the 1860s to encourage the development of atranscontinental railroad, and thefirst 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 innatural monopolies andprice fixing, particularly among shorter routes. Congress responded by passing theInterstate 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 theInterstate Commerce Commission (ICC).[7] The powers of the ICC were expanded by laws such as theElkins Act of 1903, theHepburn Act of 1906, theMann–Elkins Act of 1910, and theValuation Act of 1913. TheRailroad Safety Appliance Act of 1893 was passed as an early regulation of rail safety.
Congress fundedhigh-speed rail with theHigh-Speed Ground Transportation Act of 1965. The4R Act of 1976 and theStaggers Rail Act of 1980 deregulated railroads as part of an overhaul of American transportation policy. The ICC was replaced with theSurface Transportation Board in 1995.
Driving in the United States is overseen by theFederal Highway Administration (FAH). 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 theFederal Motor Carrier Safety Administration (FMCSA) and theNational Highway Traffic Safety Administration (NHTSA). The United States is also a party to theGeneva 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 theU.S. 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] TheFederal Aid Road Act of 1916 was the first law to fundfederal highways, and severalFederal-Aid Highway Acts were passed through the 20th century to build on this law.[10][11] TheFederal-Aid Highway Act of 1944 authorized the construction ofinterstate highways, and the federal government set standards with input from state administrations. Upon entering theKorean War military readiness became a concern and theFederal-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 theFederal-Aid Highway Acts of 1954 and1956.[11] TheNational Maximum Speed Law was enacted in 1974 and would not be repealed until 1995. TheMotor Carrier Act of 1980 deregulated trucking.
TheHighway Beautification Act establishes regulations for the environments surrounding federal highways.[12]Interstate Highway standards are regulated by theAmerican Association of State Highway and Transportation Officials.Road signs are standardized by the Federal Highway Administration in theManual on Uniform Traffic Control Devices. TheHighway Trust Fund is used to finance federal road maintenance.Odometer fraud is a federal crime under theFederal Odometer Act.[13]
