HB228: relative to conduct after an accident.

HB 228 - AS AMENDED BY THE HOUSE

25mar03... 0606h

2003 SESSION

03-0805

03/09

HOUSE BILL 228

AN ACT relative to conduct after an accident.

SPONSORS: Rep. Jones, Sull 19; Rep. Bemis, Straf 67; Rep. Movsesian, Hills 60; Rep. Tholl, Coos 2

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill requires the driver of a vehicle that has been involved in an accident which resulted in death or personal injury to provide driver and vehicle information to the police. This bill also establishes penalties for failure to report an OHRV accident.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0606h

03-0805

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to conduct after an accident.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Conduct After Accident. Amend RSA 264:25, I to read as follows:

I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death[,] or personal injury [or damages] shall immediately stop such vehicle at the scene of the accident and shall give to any responding police officer arriving at the scene of the accident, or immediately to a police officer at the nearest police station, the driver's name and address, driver's license number, the registration number of the vehicle, and the name and address of each occupant. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in damage to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, [and to any person injured,] and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle, and the name and address of each occupant. [If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station.] Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that chapter. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259. Nothing in this section is intended to prohibit a driver from leaving the scene of an accident involving death or personal injury for the purpose of obtaining immediate medical assistance or emergency services in behalf of any person involved in the accident, provided that the driver complies with the requirements of this section immediately after obtaining the necessary medical assistance or emergency services.

2 Off Highway Recreational Vehicles; Financial Responsibility and Conduct After an Accident. Amend RSA 215-A:28, I to read as follows:

I.(a) All provisions, including the penalties, suspensions, and prohibitions of the New Hampshire financial responsibility law, and the provisions of statutes relative to the operation of a motor vehicle, shall apply to an OHRV being operated upon a public highway.

(b) The operator of an OHRV involved in an accident resulting in death or injury to a person or damage to property in excess of $500, or the owner of the OHRV having knowledge of the accident, should the operator be incapacitated, shall report the accident immediately to the nearest police officer or nearest police station and shall file a report of the accident with the department of fish and game and the department of safety within 5 days on forms prescribed by the department of fish and game.

3 New Paragraph; Off Highway Recreational Vehicles; Penalty for Conduct After an Accident. Amend RSA 215-A:28 by inserting after paragraph IV the following new paragraph:

V. Any operator or owner who fails to comply the requirements of RSA 215-A:28, I(b) or RSA 215-A:28, III following an accident involving damage to property shall be guilty of a misdemeanor. Any operator or owner who fails to comply the requirements of RSA 215-A:28, I(b), RSA 215-A:28, III, or RSA 215-A:28, IV following an accident involving death or personal injury shall be guilty of a class B felony. Any operator or owner who provides information required by RSA 215-A:28, I(b), RSA 215-A:28, III, or RSA 215-A:28, IV following an accident, knowing or having reason to know such information is false, shall be guilty of a class B felony.

4 Effective Date. This act shall take effect January 1, 2004.