§407 — Title 23 Highways | U.S. Code

Summary

Blocks reports, surveys, lists, and data made to find or plan safety fixes for accident spots, dangerous road conditions, or rail‑highway crossings under sections 130, 144, and 148 from being used as evidence in federal or state damage lawsuits, including projects using Federal‑aid highway funds.

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.

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.

§407 Discovery and Admission as Evidence of Certain Reports and Surveys