TRB+公共交通中的法律问题和新兴技术（演讲PPT）-84页-WN7.pdf

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1、TRB Webinar:Legal Issues and Emerging Technologies in Public TransitJune 8,20231:00 2:30 PMLegal Issues and Emerging Technologies in Public TransitLegal Issues and Emerging Technologies in Public TransitMATTHEW W.DAUS,ESQ&WINDELS MARX STAFFJUNE 8,2023 6Moderator:Matthew W.Daus,Esq.Moderator:Matthew

2、W.Daus,Esq.7Former Commissioner/Chair/CEO&General Counsel,New York City Taxi&Limousine Commission Former NYC Civil Service Commissioner,NYC Human Rights Prosecutor,Special Counsel(NYC Trade Waste Commission),General Counsel(NYC Community Development Agency)President,IATRInternational Association of

3、Transportation Regulators www.iatr.globalChair,Transportation Law Committee,NYC Bar AssociationTransportation Technology Chair,CUNY-UTRC,CCNY University Transportation Research Center www.utrc2.orgThe Center for Social and Economic Mobility for People and Communities through Transportation(SEMPACT)F

4、ormer Distinguished Lecturer,The City College of New York(CCNY),The City University of New York(CUNY)Partner&Chair,Transportation PracticeWindels Marx Lane&Mittendorf,LLP Contact:;212-237-1106 Speaker:Patricia GatlingSpeaker:Patricia GatlingFormer State Deputy Secretary for Civil Rights,New York Sta

5、teFormer Commissioner/Chair,New York City Human Rights Commission Former First Deputy Assistant District Attorney,Office of the Kings County District AttorneyCounsel,Transportation Practice Windels Marx Lane&Mittendorf,LLP Trustee,The Lawyers Fund for Client Protection of the State of New York 8Coun

6、selSpeaker:Breanne InjeskiSpeaker:Breanne InjeskiFormer Deputy General Counsel and Chief Ethics Officer,Office of the New York City Comptroller Former Director of Enforcement,NYC Conflicts of Interest BoardSpecial Counsel,Transportation Practice Windels Marx Lane&Mittendorf,LLP 9Special CounselSpeak

7、er:Sherbune Paul Speaker:Sherbune Paul Former Supervising Attorney of the Appeals,Recruitment,Training and Seizures Unit(ARTS),New York City Taxi&Limousine Commission Former Agency Attorney,NYC Administration for Childrens ServicesSecretary,Transportation Law Committee,NYC Bar AssociationAssociate A

8、ttorney,Transportation Practice Windels Marx Lane&Mittendorf,LLP Immediate Past President,Haitian American Lawyers Association of New York10Associate AttorneyTopics for Todays ConversationTopics for Todays ConversationAN OVERVIEW OF EMERGING TECHNOLOGY INNOVATIONS IN PUBLIC TRANSPORTATIONCOMMON LEGA

9、L CHALLENGES AND ISSUES THAT ARISE Emerging Innovations in Public TransportationHOW PUBLIC TRANSIT AGENCIES ARE USING TECHNOLOGY TO ENHANCE SERVICE AND PROMOTE PUBLIC HEALTH AND SAFETY12Report:Legal Issues and Emerging Report:Legal Issues and Emerging TechnologiesTechnologiesPublished October 2022Ca

10、n be found at:https:/nap.nationalacademies.org/catalog/26786/legal-issues-and-emerging-technologies13Report:Legal Issues and Emerging Report:Legal Issues and Emerging TechnologiesTechnologiesWhat Is TCRP?The Transit Cooperative Research Program(TCRP)is an applied research program that develops near-

11、term,practical solutions to problems facing public transportation.TCRP is sponsored by the Federal Transit Administration(FTA)and works in partnership with the American Public Transportation Association(APTA).TCRP is managed by the Transportation Research Board(TRB),a division of the National Academ

12、ies of Sciences,Engineering,and Medicine.MethodologyResearched and reviewed existing regulations,legal issues,case law,and literature relating to transit agencies use of new and emerging technologies.Purpose of the Report The TRB Transit Cooperative Research Programs TCRP Legal Research Digest 59:Le

13、gal Issues and Emerging Technologies provides transportation attorneys with guidance and resources to assist with these legal changes resulting from the implementation of technology,including regulatory challenges,risk management,cybersecurity,privacy,handling confidential and proprietary informatio

14、n,intellectual property rights,civil rights and environmental justice compliance,labor and employment law,and procurement issues.14Report ContributorsReport ContributorsTCRP Project Committee J-5.The Committee is chaired by SHERYL KING BENFORD,Greater Cleveland Regional Transit Authority,Cleveland,O

15、hio.Members are ROLF G.ASPHAUG,Consultant,Denver,Colorado;JAYME BLAKESLEY,Hayes Godfrey Bell,P.C.,Holladay,Utah;DARRELL BROWN,Consultant,New Orleans;APRIL GREENHOUSE,Metropolitan Transit Authority of Harris County,Houston,Texas;JAMES P.LARUSCH,Raul V.Bravo+Associates,Inc.,Reston,Virginia;ELIZABETH M

16、.ONEILL,Metropolitan Atlanta Rapid Transit Authority,Atlanta,Georgia;ROBIN M.REITZES,San Francisco City Attorneys Office,San Francisco,California;JAMES S.THIEL,Madison,Wisconsin;and ALAN S.ZIMMET,Tampa,Florida.BONNIE GRAVES provides liaison with the Federal Transit Administration;LINDA FORD provides

17、 liaison with APTA;ROBERT SHEA provides liaison with TRBs Technical Activities Division,and GWEN CHISHOLM SMITH represents the TCRP staff.Andie Pitchford,Distance Learning Coordinator,TRB 15Emerging Technologies Emerging Technologies Categories&ThemesCategories&Themes Vehicle Technologies Mobility O

18、ptions System Optimization Smart Infrastructure Accessible Service Safety,Security,and Risk Management for Vehicles16Vehicle Technologies17Electric Vehicles&Electric Vehicles&Buses Buses Electric vehicles(EVs)consist of hybrid electric vehicles(HEV),fuel cell electric vehicles(FCEV)and battery elect

19、ric vehicles(BEV).HEVs use less fuel than conventional vehicles by employing electric-drive technologies to boost efficiency.Plug-in hybrid EVs and all-electric EVs are capable of being powered only by electricity,which is produced from natural gas,coal,nuclear energy,and renewable resources18U.S.De

20、pt of Energy,2020,https:/afdc.energy.gov/fuels/electricity_benefits.htmlAutonomous Vehicles&Buses Autonomous Vehicles&Buses Automated vehicle(AV)systems are driven by three basic sets of technology:Sensors to monitor the environment around the vehicle,Software systems that analyze the data collected

21、,and Actuators that operate the vehicles systems such as steering or brakes.Automated systems can be applied and used for driver fatigue alerts,object detection and collision avoidance,automatic breaking,lane-keeping assist,and parking assist.When automated driving technologies are combined,it deter

22、mines an autonomous rating on a 15 scale in accordance with the Society of Automotive Engineers.19Connected VehiclesConnected VehiclesConnected vehicle(CV)technology enables cars,buses,trucks,trains,roads,and other infrastructure,such as cellphones,to“talk”to each other.Cars use short-range radio si

23、gnals to communicate directly,so each vehicle on the road would be aware of other vehicles nearby.Drivers receive notifications near dangerous situations.Three Different Types of Connected Vehicle Communications:Vehicle to Vehicle(V2V)Vehicle to Infrastructure(V2I)Vehicle to Passenger(V2P)20Mobility

24、 OptionsMobility Options21MultiMulti-Modal Trip Planning:Modal Trip Planning:MobilityMobility-asas-a a-Service(MaaS)Service(MaaS)22MaaS is the integration of multiple forms of transportation services into a single mobility service or platform that is accessible on demand.It allows for a fluid system

25、 that incorporates various modes of transport so travelers can reach their destination seamlessly,allowing for complete point-to-point trips.Modes that may be facilitated through a MaaS operator include ridesharing,car-sharing or bike-sharing,taxis,car rental,public transit(buses,subways,rail)or a c

26、ombination thereof.Mobility on Demand Mobility on Demand MOD is a transportation concept where consumers can access mobility,goods,and services on-demand by dispatching or using shared mobility,courier services,unmanned and public transportation solutions.https:/www.transit.dot.gov/research-innovati

27、on/mobility-demand-mod-sandbox-program23System Management&System Management&OptimizationOptimization24Electronic Payment SystemsElectronic Payment SystemsFare technologies include magnetic stripe medium,contactless smart cards,smartphone payment,and off-board payment.New technologies allow alternati

28、ves for purchasing fares(e.g.,account-based ticketing,online account management).While ultimately related to the choice of the overall fare payment technology,purchasing also has its own features and options.25Route Planning&Route Planning&Optimization Software Optimization Software Route optimizati

29、on is the process of finding the shortest course between these points.The software quickly tests different scenarios and considers constraints(traffic congestion,vehicle availability)to provide the best possible route.Software can reduce transportation time,required resources(fuel),and improve custo

30、mer service.26Dispatch and Dispatch and Scheduling Software Scheduling Software Dispatch and scheduling software helps automate routing and scheduling processes for transportation systems,providing an easier way to coordinate routes or deliveries efficiently.Dispatch management systems can be used w

31、ith different transportation types,from buses and shipping to taxis and airlines and paratransit brokerage systems.27RealReal-Time Information TechnologyTime Information TechnologyPassenger real-time information systems offer a communication link between transit agencies and their riders.Potential u

32、se by transit agencies to contribute to improving Key Performance Indicator(KPI)measures of on-time performance and possibly ridership numbers.28Positive Train Positive Train ControlControlPositive Train Control(PTC)is a technology that uses a GPS System with radar and track sensors that allow compu

33、ters to remotely control the train to prevent collisions and derailments.29Smart Infrastructure 30Smart Pavement&BridgesSmart Pavement&Bridges:Connected&Autonomous Connected&Autonomous Vehicle NetworksVehicle NetworksSmart pavements are pavement systems that transform roads into large sensor,data,an

34、d connectivity networks for next generation and autonomous vehicles.Sensors in the roadways allow vehicles to communicate with the road,and the road with the vehicles.They also detect moisture levels,temperature,strain,vibration and weight-in-motion,and collect data.Smart bridges incorporate sensors

35、 to monitor a variety of situations,including speeding and overhead truck weight,structural health,temperature,and data transmission.31Global Legal Issues Involving the Global Legal Issues Involving the Implementation of Public Transit Implementation of Public Transit Technology InnovationsTechnolog

36、y Innovations32Legal IssuesLegal IssuesMany legal themes cut across new and emerging technologies.Nearly all technologies:oRaise concerns about cybersecurity,data privacy,protecting confidential and proprietary information,and liability;oRequire compliance with federal and state accessibility requir

37、ements;andoRequire consideration of Title VI and environmental justice issues in federally funded projects.At the same time,these emerging technologies present unique legal issues and challenges.33CrossCross-Cutting Issues for Emerging TechnologiesCutting Issues for Emerging Technologies34State Open

38、 Records LawsState Open Records LawsAll fifty states and the District of Columbia have enacted statutes modeled on FOIA,often referred to as open government laws,freedom of information laws(FOIL),or sunshine laws.These laws apply to government information,which typically includes data in electronic

39、form.Some states and the District of Columbia have adopted a“control standard”instead of a“possession standard”to determine the definition of what constitutes public records when the records were not created by an agency.Texas includes information where the public agency simply“has a right of access

40、 to the information”or“spends or contributes public money for the purpose of writing,producing,collecting,assembling,or maintaining the information.”Unless an exemption applies,the records generally must be disclosed.Typically exempt disclosure of records that would constitute an unwarranted invasio

41、n of personal privacy.Many states protect trade secrets and privileged or confidential information from public disclosure.35FOIL&TNC Data Litigation FOIL&TNC Data Litigation 36TNC data exempt from disclosure?City of Columbus v.Lyft,Inc.,22 N.E.3d 304(Ohio Mun.Ct.2014)Ohio state court ruled drivers n

42、ames and contact information=trade secret exempt from disclosure.Drivers dates of birth and contact information=sensitive,personally identifiable information exempt from disclosure.Drivers physical descriptors,proof of citizenship,prior felony descriptions,and vehicle descriptions not exempt from di

43、sclosure.Lyft,Inc.v.Pennsylvania Public Utilities Commission,145 A.3d 1235(Pa.Commw.Ct.2016)Pennsylvania appeals court ruled Lyfts statistics on the number of trips provided are not proprietary data and can be disclosed.Rasier-DC,LLC v.B&L Service,43 Fla.L.Weekly 145(Dist.Ct.App.2018)Florida appeals

44、 court found Ubers aggregate trip and fee data is not a trade secret and is subject to disclosure.Lyft,Inc.and Rasier,LLC,v.City of Seattle,94026-6,slip op.(Wash.Sup.Ct.May 13,2018)Washington appeals court ruled Uber and Lyft data on passenger pick-up and drop-off locations may be a trade secret,but

45、 Seattle should disclose such data unless doing so would cause substantial and irreparable harm.37“Transportation Network Companies:Passenger Data Security and Privacy Issues”Author:Matthew W.Daus,Esq.,2017The full article can be accessed here:https:/bit.ly/2Uwq9ctAutomated&Connected VehiclesAutomat

46、ed&Connected VehiclesCybersecurity Is it possible to be truly hack-proof?AV&CV technology is entirely dependent on vehicles sharing and coordinating data with each other and between the autonomous vehicles and an external network,both locally and through centralized infrastructure.Liability Uncertai

47、nty about who is responsible for damages when a driverless vehicle crashes.The liability paradigm is complicated by the degree of human engagement with connected vehicles.Principles of tort law can provide guidance and may be useful in determining how liability will be determined for connected vehic

48、le-related injuries.38Implications of Connected and Implications of Connected and Automated Driving SystemsAutomated Driving Systems:Legal LandscapeLegal Landscape39Implications of Connected and Automated Driving SystemsVol.1:Legal LandscapePublication:January 2018http:/www.trb.org/NCHRP/Blurbs/1782

49、98.aspxMobilityMobility-asas-a a-Service(MaaS)Service(MaaS)The core of MaaS is data,which raises concerns regarding:Who owns the data?What constitutes appropriate use?Should user data be shared with law enforcement and emergency services?Data Privacy Location data raises privacy concerns for passeng

50、ers and drivers.Protecting confidential and proprietary information and trade secrets:As part of the procurement process,companies may be required to submit confidential information.In the private sector,this sensitive information would be protected by bidding laws or nondisclosure agreements with t