Page:United States Statutes at Large Volume 108 Part 2.djvu/42

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108 STAT. 758 PUBLIC LAW 103-272—JULY 5, 1994 (4)(A) When a court Eillows discovery in a judicial proceeding of a part of a cockpit voice recorder transcript not made available to the public under section 1114(c) of this title or a cockpit voice recorder recording, the court shall issue a protective order— (i) to limit the use of the part of the transcript or the recording to the judicial proceeding; and (ii) to prohibit dissemination of the part of the transcript or the recording to any person that does not need access to the part of the transcript or the recording for the proceeding. (B) A court may allow a part of a cockpit voice recorder transcript not made available to the public under section 1114(c) of this title or a cockpit voice recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the part of the transcript or the recording under seal to prevent the use of the part of the transcript or the recording for purposes other than for the proceeding. (5) This subsection does not prevent the Board from referring at any time to cockpit voice recorder information in making safety recommendations. (b) REPORTS. — No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. § 1155. Aviation penalties (a) CIVIL PENALTY.— (1) A person violating section 1132 or 1134(b) or (f)(l)(related to an aircraft accident) of this title or a regulation prescribed or order issued under either of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues. (2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken. (3) The Board may compromise the amount of a civil penalty imposed under this subsection. (4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. (5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty. (b) CRIMINAL PENALTY.—^A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both. SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS CHAPTER Sec.