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49 U.S.C. § 20903 — Reports not evidence in civil actions for damages
Federal law — U.S. Code and appendices · legal_authorities
No part of an accident or incident report filed by a railroad carrier under [section 20901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20901&num=0&edition=prelim) or made by the Secretary of Transportation under [section 20902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20902&num=0&edition=prelim) may be used in a civil action for damages resulting from a matter mentioned in the report.
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Source file: Laws/federal/codes/united-states-code/title-49/section-20903-reports-not-evidence-in-civil-actions-for-damages--5dfbdcfd42.md
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Source location: Title 49, Chapter 209, § 20903; chapter-209-accidents-and-incidents.md
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No part of an accident or incident report filed by a railroad carrier under [section 20901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20901&num=0&edition=prelim) or made by the Secretary of Transportation under [section 20902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20902&num=0&edition=prelim) may be used in a civil action for damages resulting from a matter mentioned in the report.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—** Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident.
**(b) Monetary Threshold for Reporting.—**
(1) In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.
(2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary of Transportation, or an impartial investigator authorized by the Secretary, may investigate—
(1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and
(2) an accident or incident reported under [section 20505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20505&num=0&edition=prelim).
**(b) Other Duties and Powers.—** In carrying out an investigation, the Secretary or authorized investigator may subpoena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation.
**(c) Reports.—** When in the public interest, the Secretary shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the Secretary considers appropriate. The Secretary shall publish the report in a way the Secretary considers appropriate.
**(d) Gathering Information and Technical Expertise.—**
(1) **In general.—** — The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for—
(A) gathering information about an accident or incident under investigation from railroad carriers, c
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20902
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 22, acts Feb. 17, 1911, ch. 103, § 1, 36 Stat. 913; June 7, 1924, ch. 355, § 1, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(1), 102 Stat. 632, defined “railroad” as used in sections 22 to 29 and 31 to 34 of this title. See [section 20102 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim), Transportation.
Section 23, acts Feb. 17, 1911, ch. 103, § 2, 36 Stat. 913; Mar. 4, 1915, ch. 169, § 1, 38 Stat. 1192; June 7, 1924, ch. 355, § 2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, § 14(2), 102 Stat. 632, made it unlawful for railroads to use locomotives and appurtenances unless they were safe and inspected in accordance with provisions of sections 22 to 29 and 31 to 34 of this title and tested as prescribed by rules and regulations. See [section 20701 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20701&num=0&edition=prelim).
Section 24, acts Feb. 17, 1911, ch. 103, § 3, 36 Stat. 914; Apr. 22, 1940, ch. 124, § 1, 54 Stat. 148; May 27, 1947, ch. 85, § 1, 61 Stat. 120; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; June 22, 1988, Pub. L. 100–342, § 14(3), 102 Stat. 633, provided for appointment and salaries of a director of locomotive inspection and two assistant directors of locomotive inspection, and was previously omitted pursuant to Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, formerly set out in the Appendix to Title 5, Government Organization and Employees, which abolished the offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives. Acts June 26, 1918, ch. 105, 40 Stat. 616; June 7, 1924, ch. 355, § 6, 43 Stat
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Federal law — U.S. Code and appendices · legal_authorities
Page 612
TITLE 49—TRANSPORTATION
§ 20903
Subsection (a)(2) is substituted for the text of 49
App.:26(f) (words after last semicolon) for clarity.
In subsection (b), the words ‘‘In carrying out an in-
vestigation’’ are substituted for ‘‘shall have authority
to investigate such collisions, derailments, or other ac-
cidents aforesaid, and all the attending facts, condi-
tions, and circumstances, and for that purpose’’ to
eliminate unnecessary words. The words ‘‘books, pa-
pers, orders, memoranda’’ are omitted as being in-
cluded in ‘‘papers’’. The words ‘‘in coordination with’’
are substituted for ‘‘in connection with’’ for clarity.
The words ‘‘The railroad carrier on whose railroad line
the accident or incident occurred’’ are added for clar-
ity.
In subsection (c), the words ‘‘When in the public in-
terest’’ are substituted for ‘‘when he deems it to the
public interest’’ to eliminate unnecessary words.
Editorial Notes
AMENDMENTS
2021—Subsec. (b). Pub. L. 117–58, § 22417(1), substituted
‘‘subpoena’’ for ‘‘subpena’’.
Subsec. (d). Pub. L. 117–58, § 22417(2), added subsec. (d).
§ 20903. Reports not evidence in civil actions for
damages
No part of an accident or incident report filed
by a railroad carrier under section 20901 of this
title or made by the Secretary of Transpor-
tation under section 20902 of this title may be
used in a civil action for damages resulting from
a matter mentioned in the report.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20903 ..........
45:41.
May 6, 1910, ch. 208, § 4, 36
Stat. 351.
The words ‘‘civil action’’ are substituted for ‘‘suit or
action’’ for consistency in the revised title and with
other titles of the Uni
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20903
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