41-6a-402. Accident reports -- Duty of operator and investigative officer to file.
(1) The department may require any operator of a vehicle involved in an accident
resulting in injury to or death of any person or total property damage to the apparent extent of
$1,000 or more to file within ten days after the request:
(a) a report of the accident to the department in a manner specified by the department;
and
(b) a supplemental report when the original report is insufficient in the opinion of the
department.
(2) The department may require witnesses of accidents to file reports to the department.
(3) (a) An accident report is not required under this section from any person who is
physically incapable of making a report, during the period of incapacity.
(b) If the operator is physically incapable of making an accident report under this section
and the operator is not the owner of the vehicle, the owner of the vehicle involved in the accident
shall within 15 days after becoming aware of the accident make the report required of the
operator under this section.
(4) (a) The department shall, upon request, supply to law enforcement agencies, justice
court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
reports required under this part.
(b) A request for an accident report form under Subsection (4)(a) shall be made in a
manner specified by the division.
(c) The accident reports shall:
(i) provide sufficient detail to disclose the cause, conditions then existing, and the
persons and vehicles involved in the accident; and
(ii) contain all of the information required that is available.
(5) (a) A person shall file an accident report if required under this section.
(b) The department shall suspend the license or permit to operate a motor vehicle and
any nonresident operating privileges of any person failing to file an accident report in accordance
with this section.
(c) The suspension under Subsection (5)(b) shall be in effect until the report has been
filed except that the department may extend the suspension not to exceed 30 days.
(6) (a) A peace officer who, in the regular course of duty, investigates a motor vehicle
accident described under Subsection (1) shall file the original or an electronic copy of the report
of the accident with the department within ten days after completing the investigation.
(b) The accident report shall be made either at the time of and at the scene of the accident
or later by interviewing participants or witnesses.
(7) The accident reports required to be filed with the department under this section and
the information in them are protected and confidential and may be disclosed only as provided in
Section 41-6a-404.
(8) (a) In addition to the reports required under this part, a local highway authority may,
by ordinance, require that for each accident that occurs within its jurisdiction, the operator of a
vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall file
with the local law enforcement agency a report of the accident or a copy of any report required to
be filed with the department under this part.
(b) All reports are for the confidential use of the municipal department and are subject to
the provisions of Section 41-6a-404.
Renumbered and Amended by Chapter 2, 2005 General Session
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Last revised: Thursday, May 01, 2008