USA Law and Practice Contributed by: John D. O’Neill, Jr., David B. Horner, Andrej Micovic and Ryan Pedraza, Hunton Andrews Kurth LLP
10.5 Workforce Availability Labour shortages continue to affect portions of the transportation sector, particularly trucking, construc - tion, skilled trades and certain rail occupations. Work - force constraints have contributed to increased labour costs, project delivery challenges and greater empha - sis on workforce development initiatives. 10.6 Industrial Action Strikes and other labour actions are subject to fed - eral labour laws, including the Railway Labor Act in the rail sector. Because transportation services are considered critical to interstate commerce, labour dis - putes frequently involve extensive mediation, regula - tory oversight and, in some circumstances, federal intervention. 11. Rolling Stock, Fleet and Asset Regulation 11.1 Approval and Registration Commercial vehicles must be registered and comply with applicable federal and state requirements, while rail equipment is subject to FRA safety standards and railroad operating requirements. Registration, inspec - tion and certification obligations vary depending on The United States relies on nationally applicable tech - nical standards rather than regional interoperability regimes. Rail interoperability is facilitated through industry standards, FRA regulations and commercial co-ordination among railroads, while vehicle stand - ards are largely established at the federal level. 11.3 Leasing and Repossession Leasing is common throughout the transportation sector, and repossession rights are governed by con - tract law, secured transactions principles and appli - cable bankruptcy laws. Lenders and lessors benefit from well-developed legal protections for transporta - tion equipment financing. 11.4 Maintenance and Inspection Federal regulations impose extensive inspection, maintenance and recordkeeping obligations for com - the equipment and intended use. 11.2 Interoperability Standards
sequently, liability exposure is often determined by a combination of federal statutory provisions, state tort law, contractual indemnities, insurance programmes and self-insurance arrangements. Negotiation of liabil - ity and indemnification provisions remains a critical aspect of passenger rail project development, par - ticularly where passenger services operate on freight railroad infrastructure.
10. Labour and Employment 10.1 Sector-Specific Labour Rules
Transportation workers are subject to numerous sector-specific regulations, including federal safety requirements, driver qualification standards, railroad labour laws and operational rules governing trans - portation personnel. These requirements supplement applicable federal and state employment laws. 10.2 Collective Bargaining Collective bargaining remains particularly significant in the rail industry, where union representation is widespread and labour relations are governed largely by the Railway Labor Act. Union participation is less extensive in the trucking sector, although collective bargaining remains important in certain regions and transportation segments. 10.3 Transfer of Undertakings The United States does not have a direct equivalent to the transfer-of-undertakings protections commonly found in many other jurisdictions. Employment treat - ment following concession transfers depends largely on contractual arrangements, collective bargaining agreements and applicable labour laws, although transportation procurements frequently address work - force transition issues. 10.4 Working Time and Safety Driver hours-of-service requirements are regulated by the FMCSA, while rail employee hours are governed by federal railroad safety laws and FRA regulations. These rules are intended to reduce fatigue-related incidents and are enforced through inspections, audits and operational oversight.
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