73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 78
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to accident reports; amending ORS 802.040 and 811.725;
  and repealing ORS 810.470.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 811.725 is amended to read:
  811.725. (1) The driver of a vehicle commits the offense of
driver failure to report an accident if the driver does any of
the following:
  (a) Is driving any vehicle that is involved in an accident
required to be reported under ORS 811.720 and does not, within 72
hours of the accident, complete a report of the accident in a
form approved by the Department of Transportation and
 { - forward - }  { +  submit + } the report to  { + the
department. + }   { - one of the following: - }
    { - (A) The department. - }
    { - (B) The sheriff of the county in which the accident
occurs. - }
    { - (C) The chief of police of the city in which the accident
occurs. - }
    { - (D) Any other agency the department establishes for the
purpose of receiving accident reports. - }
  (b) Is driving a vehicle that is involved in an accident and
does not submit to the department any report required by the
department that is other than or in addition to the reports
required by this section. The department may request a
supplemental report if in the opinion of the department the
original report is insufficient.
  (c) Is driving any vehicle that is involved in an accident
required to be reported under ORS 811.720 and does not, within 72
hours of the accident, certify to the department, in a form
furnished by the department, that at the time of the accident the
person was in compliance with the financial responsibility
requirements.
  (2) The certification of compliance with financial
responsibility required under this section is subject to the
prohibitions and penalties for false certification under ORS
806.050.
  (3) The reports described under this section are subject to the
provisions of ORS 802.220 and 802.240 relating to the use of such
 
 
Enrolled Senate Bill 78 (SB 78-INTRO)                      Page 1
 
 
 
reports after submission. Exemptions from requirements to certify
compliance with financial responsibility are established under
ORS 806.020.
  (4) A driver may be required to file additional accident
reports with a city as provided under ORS 801.040.
  (5) The offense described in this section, driver failure to
report an accident, is a Class B traffic violation.
  SECTION 2. ORS 802.040 is amended to read:
  802.040. (1) The Department of Transportation shall specify the
minimum contents of a report about, and the means for reporting,
accidents that are required to be reported under ORS 810.460,
811.725, 811.730 and 811.735. The department shall consult with
the state police and city and county law enforcement officials
before approving means for accident reports required under ORS
810.460. Any means of reporting specified under this subsection
shall require sufficiently detailed information to disclose, with
reference to a traffic accident, the cause, conditions then
existing and the persons and vehicles involved.  Upon request, if
the department adopts forms as one means of reporting accidents,
the department shall   { - supply the forms to - }  { + make the
forms available through + } police departments,
 { - sheriffs - }  { + sheriffs' offices + } and other suitable
agencies or individuals.
  (2) The department shall assure that any means specified under
subsection (1) of this section for use in accident reports
required under ORS 811.725, 811.730 and 811.735 include a way of
making owners aware of the definition of a totaled vehicle and of
the owner's duty under ORS 819.012.
  (3) The department shall prescribe and provide suitable forms
for the administration and enforcement of the financial
responsibility requirements under the vehicle code or shall
prescribe any other means of accomplishing the same end that the
department finds convenient.
  SECTION 3.  { + ORS 810.470 is repealed. + }
                         ----------
 
 
Passed by Senate February 24, 2005
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 25, 2005
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 78 (SB 78-INTRO)                      Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 78 (SB 78-INTRO)                      Page 3