SB 478

Under current law, if an operator of a vehicle has an accident resulting in

personal injury or vehicle damage, the operator must immediately stop the vehicle

at or near the scene of the accident, provide certain information, and render

reasonable assistance to any injured person. If an operator of a vehicle has an

accident with an unattended vehicle or with property on or adjacent to a highway,

the operator must immediately stop and fulfill certain obligations to provide notice

of the vehicle operator's identity. The operator of a vehicle involved in an accident

resulting in injury or death to a person or damage to property in specified amounts

(reportable accident) must also immediately give notice of the accident to law

enforcement, by the quickest means of communication. Within ten days after an

accident, the vehicle operator must also make a written report of the accident to the

Department of Transportation (DOT) unless a report has already been made by a law

enforcement agency. If the vehicle operator is physically incapable of giving the

immediate notice, and making the written report, after an accident, the owner of the

vehicle involved in the accident must give the notice and make the report. If the

vehicle owner is physically or mentally incapable of giving the notice and making the

report and there was an occupant in the vehicle at the time of the accident capable

of giving the notice and making the report, the occupant must give the notice and

make the report.

Under current law, if a vehicle operator fails to give immediate notice after an

accident, the vehicle operator may be required to forfeit not less than $40 nor more

than $200 for the first offense and may be required to forfeit not less than $100 nor

more than $500 for the second or subsequent conviction within a year. A vehicle

owner or occupant required to give notice after an accident, when the vehicle

operator is incapable of doing so, is subject to this same penalty.

Also under current law, DOT may adopt, by rule, a demerit point system for the

purpose of determining when to suspend a person's operating privilege for being a

habitually reckless or negligent driver or repeatedly violating traffic laws. Under

this system, DOT may assess demerit points against the driving record of a person

convicted of violations of certain traffic laws. Despite DOT's general discretion to

develop a demerit point scale assigning demerit point amounts for specific violations,

there are certain violations for which DOT is required by statute to assess a specific

number of demerit points and certain violations for which DOT is prohibited from

assessing demerit points.

This bill requires a motor vehicle occupant, as well as the motor vehicle

operator, to immediately give notice to law enforcement after a reportable accident.

The bill also increases the penalty for violating this notice requirement to a forfeiture

of not less than $200 nor more than $500 for the first offense and not less than $300

nor more than $500 for the second or subsequent conviction within a year. The bill

also requires DOT to assess six demerit points against the driving record of a vehicle