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Utah · Through 2026 General Session

Utah Code § 72-1-220: Discovery and admission as evidence of certain reports and surveys.

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Where this section sits in the code
  1. Title 72 Transportation Code
  2. Chapter 72-1 Department of Transportation Administration Act
  3. Part 72-1-2 Department of Transportation

(1) Subject to Subsection 72-1-220(2), and notwithstanding any other provision of law, the following materials are privileged, are not subject to discovery or admissible evidence in a proceeding before a federal or state court, and may not be considered for any other purpose in an action for damages arising from an occurrence at a location described in the materials:

(a) a report;

(b) a survey;

(c) a schedule;

(d) a list; or

(e) data compiled or collected.

(2) The privilege described in Subsection 72-1-220(1) applies only if the materials were created or collected:

(a) in accordance with 23 U.S.C. Sec. 409;

(b) under federal or state law for the purpose of identifying, evaluating, or planning the safety enhancement of:

(i) a potential crash site;

(ii) a hazardous highway condition; or

(iii) a railway-highway crossing; or

(c) for the purpose of developing a highway or railway safety construction improvement project, regardless of the funding source.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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