To mitigate hardships suffered during the 1973 Oil Embargo the Congressional Office of Technology Assessment published PB-244854 in 1974.

  • It identified Personal Rapid Transit and Automated Guideways as the likely solution to ending America's urban traffic congestion and foreign oil addiction. JPods and Hyperloops are modern versions of such podcar networks.
  • On Page 41 it identified that Federal bureaucracy was the likely barrier and had been the barrier to such innovation for 4 to 6 decades. Now in 2020, 46 years of barriers have been added to the 4-6 decades:

Page 41:

Chapter 3: Major Problems in Automated Guideway Transit


Compared with many other areas of entrepreneurial endeavor, the environment for innovation in transportation should be favorable. Urban transportation needs are extensive. Production of transporta- tion hardware is dominated by relatively large and well en owed companies with much experience in the research and development process. Given these conditions, one would expect the state of the art of urban transportation technology to be highly advanced. The actual situation, however, is quite the opposite.

Urban transportation technology has advanced at such a slow pace that prevailing systems are almost indistinguishable from their counterparts of four to six decades ago (aside from some relatively minor cosmetic changes). However, the lack of progress is not a result of failure to advance technology. Much advanced transportation technology exists. Rather, it is a failure to devise effective ways to introduce the technology into urban transportation.

This failure stems from a lack of understanding by UMTA of the capabilities of the private sector and local transportation authorities and UMTA’S underestimation of the difficulties inherent in developing and implementing reliable and cost effective new systems. In retro- spect, tEe new systems efforts have served not to stimulate interest in new technology but to discourage already reluctant local transit operators from considering it. The lessons of BART, Morgantown and AIRTRANS have not been lost on UMTA’S capital grants office which is now, understandably, reluctant to consider forms of AGT for capital grants funding. In addition to this limitation of the market, certain practices of the Federal government further discourage initiative within the supply industry.

There are two areas in which the federal government could move to eliminate existing barriers to AGT innovation: contractual practices and capital grant procedures. Additionally, some of the institutional arrangements for system development adopted abroad are worthy of serious consideration in this country.

Metrics of how noxious bureaucratic monopolies are to a sustainable and safe future.

Eight Presidents noted foreign oil addiction as a direct threat to national security since 1973. Yet for 47 years Federal infrastructure policies have done nothing to reduce this addiction. Since The Federal-Aid Highway Act of 1916 began violating the Constitution's "post Roads" restriction:

  • The Federal government has locked in the 25 mpg efficiency of the Model-T.
  • Approximately 46% of the 400+ ton-mpg (link) freight railroads have been replaced by 25 mpg roads.
  • Since The Federal-Aid Highway Act of 1956, American cities have sprawled like no others in the world forcing American families to own 1.8 cars to be economically competitive. Those who are too young, old, poor, or disabled are disadvantaged by Federal policy.

Lesson from the Internet

Similar to the century without transportation innovation, until 1982 there was nearly a century of rotary telephones. In 1982 that Federal monopoly was declared unconstitutional. With liberty to innovate restored, millions of jobs and vast wealth were created as communications digitized to provide better services at lower costs.

Ending the unconstitutional Federal highway monopoly will restore liberty to innovate transportation. As with communications, once liberty is restored millions of jobs and vast wealth were created digitized mobility to provide better services at lower costs. Link to Red Bull TV documentary on The Future of Transportation. This forecasts how:

  • Hyperloops will be the "fiber optics", high-speed aspect of a physical version of the Internet between cities.
  • JPods will be the "WiFi", local area urban networks of the Physical Internet®.
  • Self-driving cars, scooters, Uber will be the "BlueTooth", last-device.

Enforcing the "post Roads" Restriction

The Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war. To preempt rebuilding that path to war, the "post Roads" and "Ports" restrictions were voted into the Constitution on Sept 14, 1787 forbidding Federal taxing and building highways and canals beyond what was required to defend free speech. The US Constitution is an enumerated powers document. Powers not enumerate are forbidden. As 21 Presidential veto messages make clear, the current Federal highway system is unconstitutional.

Climate Change, perpetual oil wars since 1991, oil-dollar funded terrorist attack on America, and $23 trillion in Federal debt buying foreign oil and fighting oil wars are violations of the Preamble, Necessary and Proper, and Commerce Clauses. These clauses are restated in Amendments 9 and 10 of the Bill of Rights.

State Constitution

To prevent the defect of government monopolies approximately 34 state constitutions specifically forbid them. Examples:

  • Arkansas: Article 2, Bill of Rights, 19. "Perpetuities and monopolies. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges or honors ever be granted or conferred in this State."
  • Georgia: Article I, Bill of Rights, Section VI, Paragraph V: "Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void."
  • Maryland: Article. 41. "That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered."
  • Massachusetts, Article 6: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges."
  • North Carolina: Article 1, Sec. 34. Perpetuities and monopolies. "Perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed."
  • Oklahoma: Article II, Bill of Rights, SECTION II-32. "Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State."
  • Wyoming: Art. 1, 30. Monopolies and perpetuities prohibited. "Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the state, endowed for the public good with a portion of its sovereign powers, must be subject to its control."

Removing the barrier: Example Executive Order for enforcing Constitutions using Georgia as an example:

This Executive Order defines a “Georgia First” regulatory framework for enforcing the Georgia and US Constitutions in deploying sustainable transportation networks that are five times more efficient than roads.

    1. WHEREAS, liberty is the source of the general welfare through tolerance of individuals offering choices and the people sorting those choices in the Darwinian crucible of free markets and free speech; and,
    1. WHEREAS, the Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war, Georgia’s Constitution forbids such monopolies; and,

Article I, Bill of Rights, Section VI, Paragraph V:

“Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void.”

    1. WHEREAS, the US Constitution is an enumerated powers document, where liberties and state sovereignties not enumerated as sacrificed to the Federal government, are retained by the people and states; and,
    2. WHEREAS, the US Constitution specifically forbids Federal taxing to build infrastructure beyond that required to defend free speech and mandates that every state be treated equally in commerce and infrastructure (post Roads and Ports Clauses); and,

Federalist #45: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

    1. WHEREAS, Federal violation of the US Constitution implemented communications (President Wilson’s Executive Order July 22, 1918) and transportation monopolies (The Federal-Aid Highway Act of 1916) resulting in a century of rotary telephones and the 25 MPG efficiency of the Model-T; and,
    2. WHEREAS, Federal courts enforcing the US Constitution ended the Federal communications monopoly in 1982 resulting in millions of jobs innovating better products at lower costs; and, 
    3. WHEREAS, 46% of the 400+ ton-mpg railroads were abandoned since The Federal-Aid Highway Act of 1944 removed efficiency as a market force; and, 
    4. WHEREAS, the Federal highway monopoly has blocked the digitizing of transportation networks that began in 1972 with the Personal Rapid Transit (PRT) network in Morgantown, WV; and,

Tricia Nixon opened the Morgantown PRT on Oct. 24, 1972. It has since delivered 150 million passenger-miles with two minor injuries in 2016. In that same period of time, 1.8 million Americans died on roads.

Congressional Office of Technology Assessment Study PB-244854 (1974) documents how PRT networks could end American foreign-oil addiction and the hardships of the 1973 Oil Embargo. It warned of “institutional failures” within Federal management of infrastructure as a barrier to the spread of PRT.

    1. WHEREAS, the Federal highway monopoly created foreign oil addiction (7.2 million barrels/day week of May 17, 2019); and, 
    2. WHEREAS, the highway bureaucracy ignored the calls to action by eight US Presidents to end foreign oil addiction and the sacrifice of soldiers buying time to answer those Presidents since 1991; and,
    3. WHEREAS, Georgia has sovereignty over internal improvements, and all other aspects of welfare, under both the US and Georgia Constitutions; and,
    4. WHEREAS, Georgia regulation of Office of Insurance and Safety Fire Commissioner has a safety record 50,000-times better than Federal highway safety (0.2 versus 11,200 injuries per million); and,

NOW, THEREFORE, BE IT RESOLVED that the State of Georgia shall grant Rights of Way access and regulate sustainable transportation networks based on:

    1. Privately funded construction.
    2. Operating without government subsidies.
    3. Exceeding 120 passenger-miles per gallon efficiency (5 times standard).
    4. Networks paying 5% of their gross revenues to the Rights of Way holders.
    5. Complying with existing Georgia regulations:
      • Rights of Way, Utility Accommodation Policy and Standards
      • Safety, Office of Insurance and Safety Fire Commissioner