SENATE, No. 1311

STATE OF NEW JERSEY

INTRODUCED JUNE 13, 1996

By Senator LITTELL

An Act concerning the use of certain abbreviated motor vehicle accident information forms and amending R.S.39:4-131.

    Be it enacted by the Senate and General Assembly of the State of New Jersey:

    1. R.S.39:4-131 is amended to read as follows:

    39:4-131. a. The division shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved, the compliance with P.L.1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles involved in the accident, and such information as the director may require. The division shall also prepare and supply to police departments and other suitable agencies abbreviated accident information forms which shall include the following information: operator's name; address; driver's license number; names of additional occupants; vehicle registration number; insurer; and insurance policy number.

    b. Every law enforcement officer who investigates a vehicle accident of which report must be made as required in this Title, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the division, on forms furnished by it, within five days after his investigation of the accident. Every such law enforcement officer shall also ensure that the abbreviated accident information forms provided pursuant to subsection a. of this section:

    (1) are completed by each occupant with respect to each vehicle involved in the accident; and

    (2) are exchanged between the operators of the other vehicles involved in the accident.

    Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the reports at the same fee established by section 2 of P.L.1963, c.73 (C.47:1A-2). If copies of reports are requested other than in person, an additional fee of up to $5.00 for the first three pages and $1.00 per page thereafter may be added to cover the administrative costs of the report.

    The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this act shall not be subject to confidentiality requirements except as provided by section 28 of P.L.1960, c.52 (C.2A:84A-28).

(cf: P.L.1987, c.26, s.1)

    2. This act shall take effect immediately.

STATEMENT

    Current law requires the driver of a vehicle involved in an accident to provide his name and address and exhibit his operator's license and registration certificate to the other driver. Current law also requires that if a law enforcement officer investigates a vehicle accident, he must complete a motor vehicle accident report and send it to the Division of Motor Vehicles (DMV) within five days. Current police practice typically is to separate the drivers and obtain information from them individually. Thus, when a police officer is present, the drivers often leave the scene of an accident without the basic information they are required to provide each other by law. Moreover, neither the drivers nor their insurers obtain any information about the other driver to begin processing a claim until the accident report has been filed and is made available.

    This bill is intended to address this situation by requiring the DMV to prepare and distribute to law enforcement agencies abbreviated accident information forms calling for basic information about the driver and occupants of vehicles involved in an accident. Law enforcement officers would be responsible for ensuring that such forms are completed by each driver and occupant in a vehicle and distributed to the other drivers.

Requires use of DMV abbreviated accident information forms for exchange of information by involved parties.