
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-424 Section 5(c)(1)]
[CITE: 49USC1154]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
 
Sec. 1154. Discovery and use of cockpit voice and other material

    (a) Transcripts and Recordings.--(1) Except as provided by this 
subsection, a party in a judicial proceeding may not use discovery to 
obtain--
        (A) any part of a cockpit voice recorder transcript that the 
    National Transportation Safety Board has not made available to the 
    public under section 1114(c) of this title; and
        (B) a cockpit voice recorder recording.

    (2)(A) Except as provided in paragraph (4)(A) of this subsection, a 
court may allow discovery by a party of a cockpit voice recorder 
transcript if, after an in camera review of the transcript, the court 
decides that--
        (i) the part of the transcript made available to the public 
    under section 1114(c) of this title does not provide the party with 
    sufficient information for the party to receive a fair trial; and
        (ii) discovery of additional parts of the transcript is 
    necessary to provide the party with sufficient information for the 
    party to receive a fair trial.

    (B) A court may allow discovery, or require production for an in 
camera review, of a cockpit voice recorder transcript that the Board has 
not made available under section 1114(c) of this title only if the 
cockpit voice recorder recording is not available.
    (3) Except as provided in paragraph (4)(A) of this subsection, a 
court may allow discovery by a party of a cockpit voice recorder 
recording if, after an in camera review of the recording, the court 
decides that--
        (A) the parts of the transcript made available to the public 
    under section 1114(c) of this title and to the party through 
    discovery under paragraph (2) of this subsection do not provide the 
    party with sufficient information for the party to receive a fair 
    trial; and
        (B) discovery of the cockpit voice recorder recording is 
    necessary to provide the party with sufficient information for the 
    party to receive a fair trial.

    (4)(A) When a court allows discovery in a judicial proceeding of a 
part of a cockpit voice recorder transcript not made available to the 
public under section 1114(c) of this title or a cockpit voice recorder 
recording, the court shall issue a protective order--
        (i) to limit the use of the part of the transcript or the 
    recording to the judicial proceeding; and
        (ii) to prohibit dissemination of the part of the transcript or 
    the recording to any person that does not need access to the part of 
    the transcript or the recording for the proceeding.

    (B) A court may allow a part of a cockpit voice recorder transcript 
not made available to the public under section 1114(c) of this title or 
a cockpit voice recorder recording to be admitted into evidence in a 
judicial proceeding, only if the court places the part of the transcript 
or the recording under seal to prevent the use of the part of the 
transcript or the recording for purposes other than for the proceeding.
    (5) This subsection does not prevent the Board from referring at any 
time to cockpit voice recorder information in making safety 
recommendations.
    (b) Reports.--No part of a report of the Board, related to an 
accident or an investigation of an accident, may be admitted into 
evidence or used in a civil action for damages resulting from a matter 
mentioned in the report.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 757.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1154(a)...............................  49 App.:1905(c)(3), (d).         Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  306(c)(3), (d); added Oct.
                                                                          14, 1
982, Pub. L. 97-309, Sec.  2, 96
                                                                          Stat.
 1453; restated Nov. 28, 1990,
                                                                          Pub. 
L. 101-641, Sec.  4, 104 Stat.
                                                                          4655.
1154(b)...............................  49 App.:1441(e).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          701(e
), 72 Stat. 781.
                                        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), (c).      Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(a
)(1)(A), (c), 88 Stat. 2168,
                                                                          2171.
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---------------------------------

    In subsection (a), the word ``transcript'' is substituted for 
``transcriptions'' for clarity.
    In subsection (a)(1)(A), the words ``that the National 
Transportation Safety Board has not made available to the public'' are 
substituted for ``other than such portions made available to the public 
by the Board'' for clarity.
    In subsection (a)(2)(B), the words ``prepared by or under the 
direction of the Board'' are omitted as unnecessary and for consistency 
with the source provisions restated in this subsection.
    In subsection (b), the words ``civil action'' are substituted for 
``suit or action'' in 49 App.:1441(e) and 1903(c) for consistency with 
the Federal Rules of Civil Procedure (28 App. U.S.C.).
