Originally Posted by
peekay4
No, it is the central tenet of almost all transportation safety boards around the world. It's also a major reason of why the NTSB was separated from the FAA (which does assign fault).
I can't speak to the other transportation safety boards, but the NTSB's immunity from having to
even testify was enacted by Congress. On your other point, the NTSB was never part of the FAA. The NTSB's function was previously handled by the Civil Aeronautics Board, which was also the parent agency over the FAA's predecessor agency, the Civil Aeronautics Administration (CAA). But, the NTSB wasn't within the CAA.
In 1958 both the FAA and the NTSB were created as independent agencies. A few years later the Federal Aviation Agency was folded into the Department of Transportation and became the Federal Aviation Administration.
Besides, all US federal employees -- including NTSB investigators and board members -- already have "absolute immunity" against all torts when acting within the scope of their duties, except for violations of the Constitution or federal law (in which case they have qualified immunity, which may still protect them from litigation).
Correct, but only NTSB employees are immune from being called to testify in civil litigation, which may result from a transportation accident.