Giving notice of, and providing assistance after, a motor vehicle accident and providing a 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 operator who fails to give notice as required.

The bill also creates certain requirements applicable to those who render assistance after a reportable accident. Under the bill, a person in the business of towing, recovery, or repair of motor vehicles may not contract for retrieval, recovery, or removal from the scene of a reportable accident of any motor vehicle that has sustained damage unless the person has been contacted by a law enforcement agency. Moreover, a person in the business of towing, recovery, or repair of motor vehicles may not retrieve, recover, or remove from the scene of a reportable accident any motor vehicle that has sustained damage unless a law enforcement officer is present or has given prior approval. However, these provisions do not apply if removal of the vehicle from the roadway at the scene of the accident is necessary to avoid imminent danger to motorists or other persons. In addition, under the bill, a person may not assist an operator or occupant of a motor vehicle involved in a reportable accident unless the person has first reported the accident to a law enforcement agency or has verified that another person has already reported the accident to a law enforcement agency. However, there are exceptions to this requirement for persons whose profession involves rendering medical assistance;

persons who are not related by blood or marriage to, or closely acquainted with, the operator or occupant of the motor vehicle; and persons who have no knowledge that there was a traffic accident. A person who violates these new requirements applicable to those who render assistance after a reportable accident may be required to forfeit not less than $40 nor more than $200.