[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR831.9]

[Page 209]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 831--ACCIDENT/INCIDENT INVESTIGATION PROCEDURES--Table of Contents
 
Sec. 831.9  Authority of Board representatives.

    (a) General. Any employee of the Board, upon presenting appropriate 
credentials, is authorized to enter any property where an accident/
incident subject to the Board's jurisdiction has occurred, or wreckage 
from any such accident/incident is located, and do all things considered 
necessary for proper investigation. Further, upon demand of an 
authorized representative of the Board and presentation of credentials, 
any Government agency, or person having possession or control of any 
transportation vehicle or component thereof, any facility, equipment, 
process or controls relevant to the investigation, or any pertinent 
records or memoranda, including all files, hospital records, and 
correspondence then or thereafter existing, and kept or required to be 
kept, shall forthwith permit inspection, photographing, or copying 
thereof by such authorized representative for the purpose of 
investigating an accident or incident, or preparing a study, or related 
to any special investigation pertaining to safety or the prevention of 
accidents. The Safety Board may issue a subpoena, enforceable in Federal 
district court, to obtain testimony or other evidence. Authorized 
representatives of the Board may question any person having knowledge 
relevant to an accident/incident, study, or special investigation. 
Authorized representatives of the Board also have exclusive authority, 
on behalf of the Board, to decide the way in which any testing will be 
conducted, including decisions on the person that will conduct the test, 
the type of test that will be conducted, and any individual who will 
witness the test.
    (b) Aviation. Any employee of the Board, upon presenting appropriate 
credentials, is authorized to examine and test to the extent necessary 
any civil or public aircraft (as specified in Sec. 830.5), aircraft 
engine, propeller, appliance, or property aboard such aircraft involved 
in an accident in air commerce.
    (c) Surface. (1) Any employee of the Board, upon presenting 
appropriate credentials, is authorized to test or examine any vehicle, 
vessel, rolling stock, track, pipeline component, or any part of any 
such item when such examination or testing is determined to be required 
for purposes of such investigation.
    (2) Any examination or testing shall be conducted in such a manner 
so as not to interfere with or obstruct unnecessarily the transportation 
services provided by the owner or operator of such vehicle, vessel, 
rolling stock, track, or pipeline component, and shall be conducted in 
such a manner so as to preserve, to the maximum extent feasible, any 
evidence relating to the transportation accident, consistent with the 
needs of the investigation and with the cooperation of such owner or 
operator.

[53 FR 15847, May 4, 1988, as amended at 60 FR 40113, Aug. 7, 1995; 62 
FR 3807, Jan. 27, 1997]