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« Previous: APPENDIX A A SAMPLING OF MOTIONS USED BY STATE DEPARTMENTS OF TRANSPORTATION IN SUPPORT OF THEIR REQUEST FOR THE RESTRICTION OF DATA THAT IS PROTECTED BY FEDERAL LAW
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Suggested Citation:"APPENDIX B SURVEY." National Academies of Sciences, Engineering, and Medicine. 2016. Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation. Washington, DC: The National Academies Press. doi: 10.17226/24646.
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Page 62
Suggested Citation:"APPENDIX B SURVEY." National Academies of Sciences, Engineering, and Medicine. 2016. Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation. Washington, DC: The National Academies Press. doi: 10.17226/24646.
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Page 62
Page 63
Suggested Citation:"APPENDIX B SURVEY." National Academies of Sciences, Engineering, and Medicine. 2016. Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation. Washington, DC: The National Academies Press. doi: 10.17226/24646.
×
Page 63
Page 64
Suggested Citation:"APPENDIX B SURVEY." National Academies of Sciences, Engineering, and Medicine. 2016. Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation. Washington, DC: The National Academies Press. doi: 10.17226/24646.
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Page 64

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B-1 APPENDIX B—SURVEY NCHRP 20-6, Study Topic 20-04, Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation SURVEY Agency Name Name of Employee Job Title Contact Number Email Address Please attach additional pages or documents as needed to respond to the following questions: 1. Have you relied upon 23 U.S.C. 409 to protect safety data that has been generated, compiled or collected (or otherwise protected under the law) by your agency? In what way? For example, were motions or briefs filed in a court proceeding? Or a letter sent to the person requesting the information?

B-2 2. If motions or briefs were filed in a court proceeding, did the court rule in the agency's favor? Please describe the basis for the ruling or attach a copy, if available. 3. Please attach sample copies of motions or briefs with supporting affidavits that have been used by the agency to support protection of its data. (Redact as necessary). 4. If the agency was ordered to produce the protected information, was an appeal considered or filed? What was the result of the appeal? Please provide case citations or any other applicable information. 5. If the agency was ordered to produce the protected information, was the information produced? Was it later used at trial against the agency? Please provide details. 6. How does the agency handle a sunshine law or freedom of information request when the information requested is potentially protected by federal law? 7. Does the agency have a policy, formal or informal, that addresses the dissemination of potentially protected information? If so, please provide a copy or details.

B-3 8. Is a request by the media for potentially protected information treated differently than a request by a lawyer or law firm? Please explain. 9. Can information that is potentially protected under federal law be found on your agency website? If so, has it been used against the agency in a court proceeding? ************************************** Please send your responses and copies of any documents responsive to this survey, no later than November 30, 2015, preferably by e-mail, to: tparkerlaw@aol.com or via regular mail to Parker Corporate Enterprises, Ltd., 1922 N Twain, Nixa MO 65714. If you have additional questions, please feel free to contact Terri Parker, 417-839-5119.

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TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 72: Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation explores the origins and provisions of 23 U.S.C. § 409, Discovery and Admission as Evidence of Certain Reports and Surveys, which prohibits the use, in tort litigation, of highway safety data created for purposes related to safety improvements on roads qualifying for federal safety improvement funding. The digest explores the amendments to the law, development of caselaw interpreting and applying the law, a 2003 Supreme Court decision, and current interpretation and application issues.

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