C.F.R. » Title 49 » CHAPTER VIII—NATIONAL TRANSPORTATION SAFETY BOARD › PART 835—TESTIMONY OF BOARD EMPLOYEES

49 C.F.R. § 835.2

Definitions

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Accident, for purposes of this part includes “incident.”

Board accident report means the report containing the Board's determinations, including the probable cause of an accident, issued either as a narrative report or in a computer format (“briefs” of accidents). Pursuant to section 701(e) of the Federal Aviation Act of 1958 (FA Act), and section 304(c) of the Independent Safety Board Act of 1974 (49 U.S.C. 1154(b)) (Safety Act), no part of a Board accident report may be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such reports.

Factual accident report means the report containing the results of the investigator's investigation of the accident. The Board does not object to, and there is no statutory bar to, admission in litigation of factual accident reports. In the case of a major investigation, group chairman factual reports are factual accident reports.

[63 FR 71607, Dec. 29, 1998, as amended at 64 FR 5622, Feb. 4, 1999]
Notes of Decisions
Cited in 30 cases (8 in the last 5 years), 1983–2026 · leading case: Daniels v. Tew Mac Aero Services, Inc.
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Daniels v. Tew Mac Aero Services, Inc. (1996) me · cites it 3× “The board’s accident report consists of “the Board’s determinations, including the probable cause of an accident, issued .”
West v. Bell Helicopter Textron, Inc. (2013) nhd · cites it 4× “” 49 C.F.R. § 835.2 . By statute, “[n]o part of a report of the [NTSB], 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 the matter mentioned in the report.”
United States v. Pacific Gas & Electric Co. (2016) cand “See 49 C.F.R. § 835.2 ("The Board does not object to, and there is no statutory bar to, admission in litigation of factual accident reports.”
Garland v. Sybaris Clubs International, Inc. (2019) illappct “49 C.F.R. § 835.2 (2006); see Brokaw v. Boeing Co.”
Starling v. Union Pacific Railroad (2001) ksd “Therefore, although Union Pacific shall not introduce into evidence or even refer to any opinions on probable causation that may be contained in the *486 NTSB report, Union Pacific is not precluded from utilizing the above-referenced exhibits, at least on the narrow basis…”
In Re Air Crash Disaster at Sioux City, Iowa (1991) ilnd · cites it 3× “41541 (1990) (to be codified at 49 C.F.R. 835.2 (1991)). NTSB employees are permitted to give testimony in a civil action, but “only .”
Major v. CSX Transportation (2003) mdd “As stated at 49 C.F.R. § 835.2 : Definitions. *604 Board accident report means the report containing the Board’s determinations, including the probable cause of an accident, issued either as a narrative report or in a computer format (“briefs” of accidents).”
Chiron Corp. v. National Transportation Safety Board (1999) cadc “” 49 C.F.R. § 835.2 (1998). No part of this report “may be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such reports.”
In re Continental Airlines Flight 1404 (2009) texjpml · cites it 2× “They inform us that, in the absence of transfer, every district court will potentially need to address the discoverability and admissibility of the cockpit voice recordings. And Movants advise that NTSB employees may only testify once in connection with any accident…”
Brokaw v. Boeing Co. (2015) ilnd “See 49 C.F.R. § 835.2 (providing that NTSB factual reports are admissible in civil litigation); Mathin v.”
Allen v. Phi, Inc. (2015) lactapp “” 49 C.F.R. § 835.2 (1998). No part of this report “may be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such reports.”
Hickson Corp. v. Norfolk Southern Railway Co. (2002) tned “In the case of a major investigation, group chairman factual reports are factual accident reports 49 C.F.R. § 835.2 (2001); see also Chiron Corp.”
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