§ 409. — Discovery and admission as evidence of certain reports and surveys.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC409]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 409. Discovery and admission as evidence of certain reports
and surveys
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 152 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.
(Added Pub. L. 100-17, title I, Sec. 132(a), Apr. 2, 1987, 101 Stat.
170; amended Pub. L. 102-240, title I, Sec. 1035(a), Dec. 18, 1991, 105
Stat. 1978; Pub. L. 104-59, title III, Sec. 323, Nov. 28, 1995, 109
Stat. 591.)
Amendments
1995--Pub. L. 104-59 inserted ``or collected'' after ``data
compiled''.
1991--Pub. L. 102-240 substituted ``Discovery and admission'' for
``Admission'' in section catchline and ``subject to discovery or
admitted into evidence in a Federal or State court proceeding'' for
``admitted into evidence in Federal or State court'' in text.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
