SENATE, No. 2106

STATE OF NEW JERSEY

INTRODUCED MAY 22, 1997

By Senator O'CONNOR

An Act concerning motor vehicle accidents and reports and amending R.S.39:4-129 and R.S.39:4-130.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. R.S. 39:4-129 is amended to read as follows:

    39:4-129. (a) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to [and in] the scene. In every event, the driver and, if present at the scene of the accident, the owner of the vehicle shall remain at the scene until [he has] they have fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver or owner convicted of violating this section.

    In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

    (b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to [and in] the scene. In every event, the driver and, if present at the scene of the accident, the owner of the vehicle shall remain at the scene of such accident until [he has] they have fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

    In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

    (c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property and, if present at the scene of the accident, the owner of the vehicle shall give [his name and address] their respective names and addresses and, when applicable, exhibit [his] an operator's license and registration certificate [of his] for the vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with. [and] The driver shall render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

    In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver and, if present at the scene of the accident, the owner of any vehicle involved in such accident, after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on [his] their part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

    If the owner is a passenger in the vehicle at the time of the accident, but is unable to remain at the scene due to the driver's failure to comply with subsection (a) or (b) of this section, or if the owner was not present at the scene of the accident, but subsequently learns of the accident, the owner shall report the accident and submit the information specified in this subsection as soon as practicable to the nearest office of the local police department, county police department or State police.

    (d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop [and] at the scene of the accident. The driver and, if present at the scene of the accident, the owner shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

    (e) The driver and owner of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property shall be presumed to have knowledge [that he was involved] of the vehicle's involvement in such accident, and such presumption shall be rebuttable in nature.

    For purposes of this section, it shall not be a defense that the operator or owner of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator or owner was aware that [he] the vehicle was involved in an accident.

    (f) For purposes of this section, "owner" means an owner as defined in R.S.39:1-1.

(cf: P.L.1994, c.183, s.1)

    2. R.S.39:4-130 is amended to read as follows:

    39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the division on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The director may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the division, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the division, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.     Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made [said] the notice or report not made by the driver.

    Whenever the driver is physically incapable of making, or otherwise fails to make, a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

    A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the division pursuant to R.S.39:4-131.

    Any person who knowingly violates this section shall be fined not less than $30 or more than $100.

    The director may revoke or suspend the operator's or owner's license privilege and registration privilege of a person who violates this section.

    For purposes of this section, it shall not be a defense that the operator or owner of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator or owner was aware that [he] the vehicle was involved in an accident.

(cf: P.L.1994, c.183, s.2)

    3. This act shall take effect immediately.

STATEMENT

    This bill amends the State's "hit-and-run" statute to impose upon the owner of a vehicle involved in an accident the same notification and reporting requirements imposed upon the driver of the vehicle.

    Current law requires the driver of a vehicle involved in an accident in which an injury, a death or property damage results to remain at the scene of the accident, give his or her name and present the vehicle's registration card and a driver's license to police officers, witnesses, drivers and occupants of other vehicles involved in the accident, and persons suffering injury and property damage. If no one at the scene of the accident is capable of taking this information, the driver is required to report the accident and submit the information to the nearest office of the local police department or the State police as soon as possible after the accident. If unattended property is damaged in the accident, the driver must attempt to locate and give this information to the property's owner. If the property owner cannot be located, the driver must leave the information in a conspicuous place; otherwise, the driver must submit it to the police.

    This bill would require the owner of a vehicle who is present at the scene of the accident, but who was not driving, such as in the case of a passenger or eyewitness, to remain at the scene and provide the same information to others at the scene that a driver is currently required to provide. The owner must submit this information to the police if (1) there is no one at the scene capable of receiving the information; (2) the owner is a passenger in the vehicle when the accident occurs and is unable to remain at the scene because the vehicle's driver leaves the scene; (3) the owner of the vehicle is not present at the scene when the accident occurs, but subsequently learns of it.

    An owner who leaves the scene of an accident that results in injury or death without complying with the provisions of this bill would be subject, for the first offense, to a fine of not less than $500 or more than $1,000, 180 days imprisonment, or both, and would forfeit the right to operate a vehicle in this State for one year. For a subsequent offense, the owner would be subject to a fine of not less than $1,000 or more than $2,000, 180 days imprisonment, or both, and would permanently forfeit the right to drive. An owner who leaves the scene of an accident that results in damage to a vehicle or other property without complying with the bill's provisions would be subject, for the first offense, to a fine of not less than $200 or more than $400, 30 days imprisonment, or both, and would forfeit the right to drive for six months. For a subsequent offense, the owner would be fined not less than $400 or more than $600, imprisoned for 30 to 90 days, or both, and would forfeit the right to drive for one year.

    The bill would also require owners to make a written accident report when the driver fails to do so. An owner who fails to comply would be subject to a fine of not less than $30 or more than $100 and possible loss of driving privileges.