§951 — Title 14 Coast Guard | U.S. Code

Summary

When the Coast Guard investigates an aircraft accident, the Commandant must follow special rules for the records and report. Unclassified recordings, scientific reports, and plain factual information must be released on request if two things are true: those items would be part of the final report, and releasing them would not hurt the investigation or national security. People who are running the safety investigation cannot be the ones to make those releases. The final report must say what the investigators think caused the accident if the evidence is clear. If it is not clear, the report must describe factors the investigators think helped cause the accident. Any opinion in the report cannot be used as evidence in court, and the report is not an admission of fault by the United States or anyone. Definitions: "accident investigation" = any Coast Guard probe other than a safety investigation. "safety investigation" = a probe done only to find causes and help prevent future accidents.

Title 14, §951

Coast Guard — Source: USLM XML via OLRC

(a)Whenever the Commandant conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Commandant, the records and report of the investigation shall be treated in accordance with this section.

(b)(1)Subject to paragraph (2), the Commandant, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation.

(2)The Commandant shall only disclose information requested pursuant to paragraph (1) if the Commandant determines—

(A)that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and

(B)that release of such tapes, reports, or other information—

(i)would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and

(ii)would not compromise national security.

(3)A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.

(c)Following an aircraft accident referred to in subsection (a)—

(1)if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion of the investigators as to the cause or causes of the accident; and

(2)if the evidence surrounding the accident is not sufficient for the investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.

(d)For purposes of any civil or criminal proceeding arising from an aircraft accident referred to in subsection (a), any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such report be considered an admission of liability by the United States or by any person referred to in such report.

(e)For purposes of this section—

(1)the term “accident investigation” means any form of investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a), other than a safety investigation; and

(2)the term “safety investigation” means an investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 678 of this title as this section. Subsec. (a). Pub. L. 115–232 substituted “Commandant conducts” for “Commandant of the Coast Guard conducts”.

§951 Aircraft accident investigations

Summary

Title 14, §951

Notes & Related Subsidiaries

Editorial Notes

Amendments

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