(a)
(A) any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title;
(B) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and
(C) a cockpit or surface vehicle 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 or surface vehicle 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) or 1114(d) 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 or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle 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 or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, 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) or 1114(d) 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 or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, 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 still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order-
(i) to limit the use of the still image, the part of the transcript, or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the still image, the part of the transcript, or the recording to any person that does not need access to the still image, the part of the transcript, or the recording for the proceeding.
(B) A court may allow a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the still image, the part of the transcript, or the recording under seal to prevent the use of the still image, 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 or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A)
(B)
(C)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1154(a) | 49 App.:1905(c)(3), (d). | Jan. 3, 1975,
|
| 1154(b) | 49 App.:1441(e). | Aug. 23, 1958,
|
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966,
|
|
| 49 App.:1903(a)(1)(A), (c). | Jan. 3, 1975,
|
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.).
2018-Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (a)(6)(B), (C).
2000-
Subsec. (a).
Subsec. (a)(6).