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Title 23 — Highways

Chapter 4 — Highway Safety

§ 407. Discovery and admission as evidence of certain reports and surveys

Statutory text

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 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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal-Aid Highway Act of 1987

    Pub. L. 100–17 title I § 132(a) · 101 Stat. 132

    Enacted · 23 U.S.C. § 407

    Added Pub. L. 100–17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170, § 409

    Source evidence

    Code source credit
    Added Pub. L. 100–17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170, § 409

    Enacted provision · exact public law section
    (a) In General.— Chapter 4 of title 23, United States Code, is 23 USC 401 et seq. 23 USC 409. amended by adding at the end the following new section: “§ 409. Admission as evidence of certain reports and surveys “Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled 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 admitted into evidence in Federal or State court 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.”.

  2. Surface Transportation Investment Act of 2021

    Pub. L. 117–58 div. B title IV § 24101(d)(1)(A) · 135 Stat. 429

    Changed · 23 U.S.C. § 407

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) by redesignating sections 409 and 412 and sections 407 and 408, respectively; and

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 407, added Pub. L. 95–599, title II, § 208(a), , 92 Stat. 2732, related to innovative project grants, prior to repeal by Pub. L. 112–141, § 3(a), div. C, title I, § 31109(c), , 126 Stat. 413, 756, effective .

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.

Credits

1987–2021 · 5 acts
  1. 1987Added Pub. L. 100–17, title I, § 132(a), , 101 Stat. 170, § 409
  2. 1991amended Pub. L. 102–240, title I, § 1035(a), , 105 Stat. 1978
  3. 1995Pub. L. 104–59, title III, § 323, , 109 Stat. 591
  4. 2005Pub. L. 109–59, title I, § 1401(a)(3)(C), , 119 Stat. 1225
  5. 2021renumbered § 407, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), , 135 Stat. 784.
Show as published

(Added Pub. L. 100–17, title I, § 132(a), , 101 Stat. 170, § 409; amended Pub. L. 102–240, title I, § 1035(a), , 105 Stat. 1978; Pub. L. 104–59, title III, § 323, , 109 Stat. 591; Pub. L. 109–59, title I, § 1401(a)(3)(C), , 119 Stat. 1225; renumbered § 407, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), , 135 Stat. 784.)

Parsed from the official OLRC USLM XML in data/usc_all/usc23.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t23/s407