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 1495
 
                         Senate Bill 291
 
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 Senate Interim Committee on
  Judiciary for Bicycle Transportation Alliance)
 
 
                             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 as
introduced.
 
  Requires filing of accident report when accident involves
pedestrian or bicyclist.
  Creates offense of failure of pedestrian or bicyclist to make
accident report. Punishes by maximum fine of $360.
 
                        A BILL FOR AN ACT
Relating to reporting vehicle accidents; creating new provisions;
  and amending ORS 811.720.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 811.720 is amended to read:
  811.720. (1) Except as provided in subsection   { - (4) - }
 { +  (5) + } 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 ORS 811.725.
  (b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
  (c) The reporting requirements for owners of vehicles under ORS
811.730.
  (2) Except as provided in subsection   { - (4) - }  { +
(5) + } 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 ORS
811.725.
  (b) The owner of a vehicle that has more than $1,500 damage
must report the accident in the manner specified in ORS 811.730
and under the circumstances specified in ORS 811.730.
  (c) 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 ORS
811.725 and each owner of a vehicle involved in the accident must
report the accident in the manner specified in ORS 811.730 and
under the circumstances specified in ORS 811.730.
  (d) 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 ORS 811.725 and each owner
of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances
specified in ORS 811.730.
   { +  (3) Except as provided in subsection (5) of this section,
any accident occurring on a highway or upon premises open to the
public involving a pedestrian or bicyclist is subject to the
reporting requirements under the following sections:
  (a) The reporting requirements for drivers under ORS 811.725.
  (b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
  (c) The reporting requirements for owners of vehicles under ORS
811.730.
  (d) The reporting requirements for pedestrians and bicyclists
under section 3 of this 2009 Act. + }
    { - (3) - }  { +  (4) + } 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) - }  { +  (5) + } 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 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 county 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.
  SECTION 2.  { + Section 3 of this 2009 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 3.  { + (1) A pedestrian or bicyclist commits the
offense of failure of a pedestrian or bicyclist to make an
accident report if the pedestrian or bicyclist 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 on a form approved by the Department of Transportation
and submit the report to the department.
  (2) The offense described in this section, failure of a
pedestrian or bicyclist to make an accident report, is a Class B
traffic violation. + }
  SECTION 4.  { + Section 3 of this 2009 Act and the amendments
to ORS 811.720 by section 1 of this 2009 Act apply to accidents
occurring on or after the effective date of this 2009 Act. + }
                         ----------