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Old 07-25-2017, 03:23 PM
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RV8JD RV8JD is offline
Join Date: Jan 2005
Posts: 884
Default Admissible?

Historically, the purpose of the NTSB investigations have been to find the probable cause and develop safety recommendations to help ensure that the accident won't happen again in the future. The NTSB findings have not been admissible to ensure an unbiased investigation. The sole purpose of the investigations are to improve aviation safety.

Here is a ruling from the Seventh Circuit Court when it was questioned (in Oct. 2015):

The above Court Ruling cites 49 CFR 831.4, 49 U.S.C. 1131(e), and another court case, which reiterates the purpose of the NTSB investigations that I mentioned above. It also states that:
"The Board's investigations "are not conducted for the purpose of determining the rights or liabilities of any person.""
"In dismissing the appeal of Helicopters, Inc. [Link], the United States Court of Appeals for the Seventh Circuit has concluded that accident reports from the NTSB are not reviewable since:

- the reports do not create any legal repercussions or consequences for, in this case, Helicopters, Inc. the owner/operator of a helicopter which crashed.

- the reports may not be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
Carl N.
Arlington, WA (KAWO)
RV-8, 400 Tach Hours
(Pic 1),(Pic 2)
- Out with the Old, In with the New
RV-8, 1938 Tach Hours (Pic 1),(Pic 2) - Sold

Glasflügel Standard Libelle 201B, N564NS - Sold
Rolladen-Schneider LS1-f, N61MP - No longer owned

Last edited by RV8JD : 07-25-2017 at 03:58 PM.
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