75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2006
A-Engrossed
Senate Bill 314
Ordered by the House June 1
Including House Amendments dated June 1
Sponsored by Senator PROZANSKI; Senator MORRISETTE (at the
request of Tom Siewell) (Presession filed.)
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.
Requires drivers and occupants to immediately give notice to
police officer after vehicle accident under certain
circumstances.
Creates offense of driver failure to report accident { - to
police officer - } . Punishes by maximum $720 fine.
Creates offense of failure of vehicle occupant to make accident
report { - to police officer - } . Punishes by maximum $720
fine.
A BILL FOR AN ACT
Relating to accident reports.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2009 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) Except as provided in subsection (4) of
this section, any accident occurring on a highway or upon
premises open to the public resulting in injury or death to any
person is subject to the reporting requirements under the
following sections:
(a) The reporting requirements for drivers under section 4 of
this 2009 Act.
(b) The reporting requirements for occupants of vehicles in
accidents under section 5 of this 2009 Act.
(2) Except as provided in subsection (4) of this section, an
accident occurring on a highway or upon premises open to the
public resulting in damage to the property of any person in
excess of $1,500 is subject to the following reporting
requirements:
(a) The driver of a vehicle that has more than $1,500 damage
must report the accident in the manner specified under section 4
of this 2009 Act.
(b) If the property damage is to property other than a vehicle
involved in the accident, each driver involved in the accident
must report the accident in the manner specified under section 4
of this 2009 Act.
(c) If a vehicle involved in the accident is damaged to the
extent that the vehicle must be towed from the scene of the
accident, each driver involved in the accident must report the
accident in the manner specified under section 4 of this 2009
Act.
(3) The dollar amount specified in subsection (2) of this
section may be increased every five years by the Department of
Transportation based upon any increase in the Portland-Salem
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest $100.
(4) The following are exempt from the reporting requirements of
this section:
(a) Operators of snowmobiles, Class I all-terrain vehicles or
Class III all-terrain vehicles.
(b) A law enforcement official acting in the course of official
duty if the accident involved a law enforcement official
performing a lawful intervention technique or involved a law
enforcement official and a person acting during the commission of
a criminal offense. As used in this paragraph:
(A) 'Law enforcement official' means a person who is
responsible for enforcing the criminal laws of this state or a
political subdivision of this state and who is employed or
volunteers:
(i) As a peace officer commissioned by a city, port, school
district, mass transit district, county or service district
authorized to provide law enforcement services under ORS 451.010;
(ii) With the Department of State Police or the Criminal
Justice Division of the Department of Justice; or
(iii) As an investigator of a district attorney's office, if
the investigator is certified as a peace officer in this state.
(B) 'Lawful intervention technique' means a method by which one
motor vehicle causes, or attempts to cause, another motor vehicle
to stop.
(5) The reporting requirements under this section are in
addition to, and not in lieu of, the reporting requirements under
ORS 811.720. + }
SECTION 3. { + As used in sections 4 and 5 of this 2009 Act:
(1) '9-1-1 emergency reporting system' has the meaning given
that term in ORS 401.710.
(2) 'Law enforcement agency' means any agency that employs
members of the Oregon State Police, a sheriff, a deputy sheriff,
a city police officer or a law enforcement officer employed by a
service district established under ORS 451.410 to 451.610 for the
purpose of law enforcement services. + }
SECTION 4. { + (1) The driver of a vehicle commits the offense
of driver failure to report an accident if the driver is driving
any vehicle that is involved in an accident required to be
reported under section 2 of this 2009 Act and the driver, if
physically capable, does not give notice of the accident
immediately to a police officer or a law enforcement agency by
the quickest means available.
(2) Notwithstanding subsection (1) of this section, a driver
does not commit the offense of driver failure to report an
accident if:
(a) The accident required to be reported under section 2 of
this 2009 Act results in a serious injury or death; and
(b) The driver gives notice of the accident immediately to a
9-1-1 emergency reporting system by the quickest means available.
(3) The offense described in this section, driver failure to
report an accident, is a Class A traffic violation. + }
SECTION 5. { + (1) A person commits the offense of failure of
a vehicle occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a
vehicle at a time when the vehicle is involved in an accident
required to be reported to a police officer or a law enforcement
agency under section 2 of this 2009 Act;
(b) The driver of the vehicle is physically incapable of giving
notice to a police officer or a law enforcement agency as
required under section 4 of this 2009 Act; and
(c) The occupant does not give notice of the accident
immediately to a police officer or a law enforcement agency by
the quickest means available.
(2) Notwithstanding subsection (1) of this section, a person
does not commit the offense of failure of a vehicle occupant to
make an accident report if:
(a) The accident required to be reported under section 2 of
this 2009 Act results in a serious injury or death; and
(b) The person gives notice of the accident immediately to a
9-1-1 emergency reporting system by the quickest means available.
(3) The offense described in this section, failure of a vehicle
occupant to make an accident report, is a Class A traffic
violation. + }
SECTION 6. { + Sections 2 to 5 of this 2009 Act apply to motor
vehicle accidents that occur on or after the effective date of
this 2009 Act. + }
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