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23 U.S.C. § 407 — Discovery and admission as evidence of certain reports and surveys

submitted 39 years ago by Pub. L. 100-17 to r/title-23-HIGHWAYS · 111 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain safety reports about dangerous roads and rail crossings cannot be used as evidence in court. This applies to reports made to plan safety fixes under sections 130, 144, and 148, or to plan projects using federal highway safety funds. Courts cannot use them even to decide other kinds of damage lawsuits.

This section protects certain highway safety reports from being used in lawsuits. It applies to reports, surveys, schedules, lists, or data collected for one of two reasons: to identify, evaluate, or plan safety fixes for dangerous accident sites, hazardous road conditions, or railway-highway crossings under sections 130, 144, and 148 of this title; or to develop a highway safety construction improvement project using federal-aid highway funds. Those materials cannot be discovered (meaning a court cannot force someone to hand them over) or admitted as evidence in a federal or state court case. Courts also cannot consider them for any other purpose in a lawsuit for damages arising from something that happened at a location the reports mention. This rule applies "notwithstanding any other provision of law," meaning it overrides other laws that might otherwise allow the reports to be used.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.

Source credit: (Added Pub. L. 100–17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170, § 409; amended Pub. L. 102–240, title I, § 1035(a), Dec. 18, 1991, 105 Stat. 1978; Pub. L. 104–59, title III, § 323, Nov. 28, 1995, 109 Stat. 591; Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; renumbered § 407, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), Nov. 15, 2021, 135 Stat. 784.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 100-17 · 101 Stat. 170
  • 1991Amended · Pub. L. 102-240 · 105 Stat. 1978
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 591
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1225
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 784

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-17 on 1987-04-02.

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