Home : Legal Encyclopedia : Highways and motor vehicles

Legal Encyclopedia - Highways and motor vehicles

Table of contents

1 highways and motor vehicles law: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes
2.1.2 Federal Regulations
2.1.3 Federal Judicial Decisions

2.2 State Material

2.2.1 State Statutes
2.2.2 StateJudicial Decisions

2.3 OtherReferences

2.3.1 Key Internet Sources
2.3.2 Useful Offnet (or Subscription - $) Sources

3 other topics

highways and motor vehicles law: an overview

The term "highway" includes all public roads and ways. Highway law is concerned with the regulation and maintenance of all means of travel open to the public-- such as turnpikes, toll roads, bridges, ferries, navigable waters, etc. Generally, all roads which the legislature has power to establish are public roads. Highways are distinguished from private roads in that highways are intended for public use, and are maintained at the public's expense.

Both state and federal highway law exists, but emphasis should be placed on local rules and regulations. Typically, in most jurisdictions, highway officers are personally liable for injuries to persons or property resulting from acts of their negligence in connection with the construction and repair of highways, streets and bridges, but there is some authority to the contrary.

Established in 1966 by 49 U.S.C. § 102, the U.S. Department of Transportation (DOT) (http://www.dot.gov) establishes overall transportation policy for the United States. Its goal is to ensure a "coordinated, effective administration of the transportation programs of the Federal Government." Among the programs under the DOT's administration are:

Federal Highway Administration (http://www.fhwa.dot.gov/)
National Highway Traffic Safety Administration (http://www.nhtsa.dot.gov/)
Federal Transit Administration (http://www.fta.dot.gov/)

menu of sources

Federal Material

Federal Statutes

U.S. Code:

Federal Regulations

Title 23 C.F.R. (http://www.law.cornell.edu/cfr/23cfr.htm)
Title 49 C.F.R. (http://www.law.cornell.edu/cfr/49cfr.htm)

Federal Judicial Decisions

U.S. Supreme Court: Recent Decisions Dealing with Highways and Motor Vehicles (http://supct.law.cornell.edu/supct/search/index.html?query=(highway+and+(motor+or+vehicle))+or+DOT)
U.S. Circuit Courts of Appeals: Recent Decisions Dealing with Highways and Motor Vehicles (http://www.law.cornell.edu/usca/search/index.html?query=%2Bhighway%20DOT%20motor%20vehicle)

State Material

State Statutes

State Statutes on Streets and Highways (http://www.law.cornell.edu/topics/state_statutes.html#streets_and_highways)
State Statutes on Motor Vehicles (http://www.law.cornell.edu/topics/state_statutes.html#motor_vehicles)

StateJudicial Decisions

N.Y. Courtof Appeals:
- Recent Decisions on Highways and Motor Vehicles (http://www.law.cornell.edu/nyctap/search/index.html?query=highway+and+motor+and+vehicle+not+liibulletin)
- Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+highway+and+vehicle)
Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

OtherReferences

Key Internet Sources

Federal Agencies:
U.S. Department of Transportation (http://www.dot.gov/)
- Federal Highway Administration - FHWA (http://www.fhwa.dot.gov/ohim/)
- National Highway Traffic Safety Administration - NHTSA (http://www.nhtsa.dot.gov/)

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: William E. Kenworthy, Transportation Safety Law Practice Manual, Michie, Charlottesville, Virginia, 1989
LII Downloads (http://www.law.cornell.edu/disks96.html)

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