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B-1 APPENDIX BâSURVEY 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.
