Title 23 — HighwaysRelease 119-73
§407 Discovery and admission as evidence of certain reports and surveys
Title 23 › Chapter CHAPTER 4— - HIGHWAY SAFETY › § 407
Summary
Reports and data made under sections 130, 144, and 148 or for projects using Federal‑aid highway funds must not be used in discovery or admitted as evidence in Federal or State damage lawsuits about those locations.
Full Legal Text
Title 23, §407
Highways — Source: USLM XML via OLRC
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 section 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 407, added Pub. L. 95–599, title II, § 208(a), Nov. 6, 1978, 92 Stat. 2732, related to innovative project grants, prior to repeal by Pub. L. 112–141, § 3(a), div. C, title I, § 31109(c), July 6, 2012, 126 Stat. 413, 756, effective Oct. 1, 2012.
Amendments
2021—Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 409 “and” section 407, was executed by renumbering section 409 as this section as if “and” had read “as”, to reflect the probable intent of Congress.
Reference
Citations & Metadata
Citation
23 U.S.C. § 407
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73