
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC1134]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
                        SUBCHAPTER III--AUTHORITY
 
Sec. 1134. Inspections and autopsies

    (a) Entry and Inspection.--An officer or employee of the National 
Transportation Safety Board--
        (1) on display of appropriate credentials and written notice of 
    inspection authority, may enter property where a transportation 
    accident has occurred or wreckage from the accident is located and 
    do anything necessary to conduct an investigation; and
        (2) during reasonable hours, may inspect any record, process, 
    control, or facility related to an accident investigation under this 
    chapter.

    (b) Inspection, Testing, Preservation, and Moving of Aircraft and 
Parts.--(1) In investigating an aircraft accident under this chapter, 
the Board may inspect and test, to the extent necessary, any civil 
aircraft, aircraft engine, propeller, appliance, or property on an 
aircraft involved in an accident in air commerce.
    (2) Any civil aircraft, aircraft engine, propeller, appliance, or 
property on an aircraft involved in an accident in air commerce shall be 
preserved, and may be moved, only as provided by regulations of the 
Board.
    (c) Avoiding Unnecessary Interference and Preserving Evidence.--In 
carrying out subsection (a)(1) of this section, an officer or employee 
may examine or test any vehicle, vessel, rolling stock, track, or 
pipeline component. The examination or test shall be conducted in a way 
that--
        (1) does not interfere unnecessarily with transportation 
    services provided by the owner or operator of the vehicle, vessel, 
    rolling stock, track, or pipeline component; and
        (2) to the maximum extent feasible, preserves evidence related 
    to the accident, consistent with the needs of the investigation and 
    with the cooperation of that owner or operator.

    (d) Exclusive Authority of Board.--Only the Board has the authority 
to decide on the way in which testing under this section will be 
conducted, including decisions on the person that will conduct the test, 
the type of test that will be conducted, and any individual who will 
witness the test. Those decisions are committed to the discretion of the 
Board. The Board shall make any of those decisions based on the needs of 
the investigation being conducted and, when applicable, subsections (a), 
(c), and (e) of this section.
    (e) Promptness of Tests and Availability of Results.--An inspection, 
examination, or test under subsection (a) or (c) of this section shall 
be started and completed promptly, and the results shall be made 
available.
    (f) Autopsies.--(1) The Board may order an autopsy to be performed 
and have other tests made when necessary to investigate an accident 
under this chapter. However, local law protecting religious beliefs 
related to autopsies shall be observed to the extent consistent with the 
needs of the accident investigation.
    (2) With or without reimbursement, the Board may obtain a copy of an 
autopsy report performed by a State or local official on an individual 
who died because of a transportation accident investigated by the Board 
under this chapter.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 754.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1134(a)...............................  49 App.:1903(b)(2) (1st          Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                         sentence words before 3d         304(b
)(2), 88 Stat. 2170; Nov. 3,
                                         comma, 3d sentence).             1981,
 Pub. L. 97-74, Sec.  5, 95 Stat.
                                                                          1065;
 Nov. 28, 1990, Pub. L. 101-641,
                                                                          Sec. 
 3, 104 Stat. 4654.
1134(b)...............................  49 App.:1441(c) (2d sentence),   Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         (d).                             701(c
) (2d, last sentences), (d), 72
                                                                          Stat.
 781; Oct. 15, 1962, Pub. L. 87-
                                                                          810, 
Secs.  1, 2, 76 Stat. 921.
                                        49 App.:1655(d) (1st sentence).  Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(d) 
(1st sentence), 80 Stat. 938.
                                        49 App.:1903(a)(1)(A).           Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(a
)(1)(A), (b)(5), 88 Stat. 2168,
                                                                          2170.
1134(c)...............................  49 App.:1903(b)(2) (1st
                                         sentence words after 3d comma,
                                         2d sentence).
1134(d)...............................  49 App.:1903(b)(2) (5th, last
                                         sentences).
1134(e)...............................  49 App.:1903(b)(2) (4th
                                         sentence).
1134(f)...............................  49 App.:1441(c) (last
                                         sentence).
                                        49 App.:1655(d) (1st sentence).
                                        49 App.:1903(a)(1)(A), (b)(5).
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---------------------------------

    In subsection (a), before clause (1), the word ``officer'' is added 
for consistency in the revised title.
    In subsection (b)(1), the words ``investigating an aircraft 
accident'' are substituted for ``carrying out its duties'' in 49 
App.:1441(c) for clarity. The words ``inspect and test'' are substituted 
for ``examine and test'' for consistency in the revised title and with 
other titles of the United States Code.
    In subsection (c), before clause (1), the words ``In carrying out 
subsection (a)(1) of this section, an officer or employee'' are added 
because of the restatement. The words ``or any part of any such item'' 
are omitted as surplus. The words ``when such examination or testing is 
determined to be required for purposes of such investigation'' are 
omitted as unnecessary because of the words ``do anything necessary to 
conduct an investigation'' in subsection (a)(1) of this section. In 
clause (1), the word ``obstruct'' is omitted as being included in 
``interfere''.
    In subsection (d), the word ``individuals'' is substituted for 
``persons'' the 2d time that word is used for clarity. The words ``The 
Board shall make any of those decisions'' are substituted for ``and 
shall be made'' because of the restatement.
    In subsection (e), the word ``promptly'' is substituted for ``with 
reasonable promptness'' to eliminate unnecessary words.
    In subsection (f)(1), the words ``In the case of any fatal 
accident'' in 49 App.:1441(c) are omitted as surplus. The words ``to 
examine the remains of any deceased person aboard the aircraft at the 
time of the accident, who dies as a result of the accident'' are omitted 
as unnecessary because of the authority of the Board to conduct 
autopsies.

                  Section Referred to in Other Sections

    This section is referred to in sections 1131, 1151, 1152, 1155 of 
this title.
