72-1-220. Discovery and admission as evidence of certain reports and surveys.
(1) Subject to Subsection, and notwithstanding any other provision of law, the following materials are privileged, are not subject to discovery or admissible evidence in a proceeding before a federal or state court, and may not be considered for any other purpose in an action for damages arising from an occurrence at a location described in the materials: 72-1-220(2) a report; a survey; a schedule; a list; or data compiled or collected.
(2) The privilege described in Subsectionapplies only if the materials were created or collected: 72-1-220(1) in accordance with 23 U.S.C. Sec. 409; under federal or state law for the purpose of identifying, evaluating, or planning the safety enhancement of: a potential crash site; a hazardous highway condition; or a railway-highway crossing; or for the purpose of developing a highway or railway safety construction improvement project, regardless of the funding source.