72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2864
 
                         Senate Bill 596
 
Sponsored by Senator DUKES, Representatives HOPSON, JOHNSON (at
  the request of Sheriff John Raichl)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires persons involved in certain vehicle accidents to move
vehicles off road as soon as possible. Authorizes law enforcement
officer or representative of Department of Transportation to
remove vehicle, cargo or debris from accident scene.
 
                        A BILL FOR AN ACT
Relating to vehicle accidents; creating new provisions; and
  amending ORS 811.700.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 811.700 is amended to read:
  811.700. (1) A person commits the offense of failure to perform
the duties of a driver when property is damaged if the person is
the driver of any vehicle and the person does not perform duties
required under any of the following:
  (a) If the person is the driver of any vehicle involved in an
accident that results only in damage to a vehicle that is driven
or attended by any other person the person must perform all of
the following duties:
  (A)   { - Immediately stop the vehicle at the scene of the
accident or as close thereto as possible. Every stop required
under this subparagraph shall be made without obstructing traffic
more than is necessary. - }  { +  Move the vehicle as soon as
possible off the roadway and to a suitable location. As used in
this subparagraph, 'suitable location' includes but is not
limited to an exit ramp shoulder, a frontage road and a cross
street that is not a main highway. + }
  (B) Remain at the   { - scene of the accident - }  { +
suitable location + } until the driver has fulfilled all of the
requirements under this paragraph.
  (C) Give to the other driver or passenger the name and address
of the driver and the registration number of the vehicle that the
driver is driving and the name and address of any other occupants
of the vehicle.
  (D) Upon request and if available, exhibit and give to the
occupant of or person attending any vehicle damaged the number of
any documents issued as evidence of driving privileges granted to
the driver.
  (b) If the person is the driver of any vehicle that collides
with any vehicle that is unattended, the person shall immediately
stop and:
  (A) Locate and notify the operator or owner of the vehicle of
the name and address of the driver and owner of the vehicle
striking the unattended vehicle; or
  (B) Leave in a conspicuous place in the vehicle struck a
written notice giving the name and address of the driver and of
the owner of the vehicle doing the striking and a statement of
the circumstances thereof.
  (c) If the person is the driver of any vehicle involved in an
accident resulting only in damage to fixtures or property legally
upon or adjacent to a highway, the person shall do all of the
following:
  (A) Take reasonable steps to notify the owner or person in
charge of the property of such fact and of the driver's name and
address and of the registration number of the vehicle the driver
is driving.
  (B) Upon request and if available, exhibit any document issued
as official evidence of a grant of driving privileges to the
driver.
   { +  (2) Moving a vehicle as provided in subsection (1)(a)(A)
of this section does not affect any determination of fault or
liability for the accident. + }
    { - (2) - }  { +  (3) + } The offense described in this
section, failure to perform the duties of a driver when property
is damaged, is a Class A misdemeanor and is applicable on any
premises open to the public.
  SECTION 2.  { + Section 3 of this 2003 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 3.  { + A law enforcement officer or representative of
the Department of Transportation who comes to the scene of an
accident described in ORS 811.700 may remove from the roadway any
vehicle, cargo or debris resulting from the accident. A person
acting under the authority granted by this section is not liable
for damage to a vehicle, cargo or debris caused by reasonable
efforts at removal. + }
  SECTION 4.  { + Section 3 of this 2003 Act and the amendments
to ORS 811.700 by section 1 of this 2003 Act apply to vehicle
accidents occurring on or after the effective date of this 2003
Act. + }
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