H.B. 342

1

TRAFFIC CODE REVISIONS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: Sheldon L. Killpack
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending certain provisions for motor
10 vehicle accidents.
11 Highlighted Provisions:
12 This bill:
13 . modifies motor vehicle accident provisions by moving provisions for accidents
14 resulting in fatalities or injuries into new sections of the Utah Code; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 41-6a-401, as renumbered and amended by Chapter 2 and last amended by Chapter 26,
23 Laws of Utah 2005
24 ENACTS:
25 41-6a-401.3, Utah Code Annotated 1953
26 41-6a-401.5, Utah Code Annotated 1953
27 41-6a-401.7, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-6a-401 is amended to read:
31 41-6a-401. Accident involving injury, death, or property damage -- Duties of
32 operator, occupant, and owner -- Exchange of information -- Notification of law
33 enforcement -- Penalties.
34 (1) The operator of a vehicle involved in an accident resulting [in injury to or death of
35 a person or] only in damage to another vehicle or other property shall:
36 (a) immediately stop the vehicle at the scene of the accident or as close as possible
37 without obstructing traffic more than is necessary; and
38 (b) remain at the scene of the accident until the operator has fulfilled the requirements
39 of this section.
40 (2) Except as provided under Subsection [(6)] (5), if the vehicle or other property is
41 operated, occupied, or attended by any person or if the owner of the vehicle or property is
42 present, the operator of the vehicle involved in the accident shall:
43 (a) give to the persons involved:
44 (i) the operator's name, address, and the registration number of the vehicle being
45 operated; and
46 (ii) the name of the insurance provider covering the vehicle being operated including
47 the phone number of the agent or provider; and
48 (b) upon request and if available, exhibit the operator's license to:
49 (i) any investigating peace officer present;
50 [(ii) the person struck;]
51 [(iii)] (ii) the operator, occupant of, or person attending the vehicle or other property
52 damaged in the accident; and
53 [(iv)] (iii) the owner of property damaged in the accident, if present[; and].
54 [(c) render to any person injured in the accident reasonable assistance, including
55 transporting or making arrangements for transporting, of the injured person to a physician or
56 hospital for medical treatment if: ]
57 [(i) it is apparent that treatment is necessary; or]
58 [(ii) transportation is requested by the injured person.]

59 (3) The operator of a vehicle involved in an accident shall immediately and by the
60 quickest means of communication available give notice or cause to give notice of the accident
61 to the nearest office of a law enforcement agency if the accident resulted in[: (a) injury or
62 death of any person; or (b)] property damage to an apparent extent of $1,000 or more.
63 [(4) The occupant of a vehicle involved in an accident who is not the operator of the
64 vehicle shall give or cause to give the immediate notice required under Subsection (3) if:]
65 [(a) the operator of a vehicle involved in an accident is physically incapable of giving
66 the notice; and]
67 [(b) the occupant is capable of giving an immediate notice. ]
68 [(5)] (4) Except as provided under Subsection [(6)] (5), if the vehicle or other property
69 damaged in the accident is unattended, the operator of the vehicle involved in the accident
70 shall:
71 (a) locate and notify the operator or owner of the vehicle or the owner of other property
72 damaged in the accident of the operator's name, address, and the registration number of the
73 vehicle causing the damage; or
74 (b) attach securely in a conspicuous place on the vehicle or other property a written
75 notice giving the operator's name, address, and the registration number of the vehicle causing
76 the damage.
77 [(6)] (5) The operator of a vehicle that provides the information required under this
78 section to an investigating peace officer at the scene of the accident is exempt from providing
79 the information to other persons required under this section.
80 [(7) (a) A person who violates the provisions of Subsection (1) is guilty of a class A
81 misdemeanor and shall be fined not less than $750 if the accident results in injury or death of a
82 person.]
83 [(b)] (6) (a) A person who violates the provisions of Subsection (1) is guilty of a class
84 B misdemeanor [if the accident results only in damage to a vehicle or other property].
85 [(c)] (b) A person who violates the [provision] provisions of Subsection [(5)] (4) is
86 guilty of a class B misdemeanor.
87 Section 2. Section 41-6a-401.3 is enacted to read:
88 41-6a-401.3. Accident involving injury -- Stop at accident -- Penalty.
89 (1) The operator of a vehicle involved in an accident resulting in injury to a person

90 shall:
91 (a) immediately stop the vehicle at the scene of the accident or as close to it as possible
92 without obstructing traffic more than is necessary; and
93 (b) remain at the scene of the accident until the operator has fulfilled the requirements
94 of Section 41-6a-401.7 .
95 (2) A person who violates the provisions of Subsection (1) is guilty of a class A
96 misdemeanor and shall be fined not less than $750.
97 Section 3. Section 41-6a-401.5 is enacted to read:
98 41-6a-401.5. Accident involving death -- Stop at accident -- Penalty.
99 (1) The operator of a vehicle involved in an accident resulting in the death of a person
100 shall:
101 (a) immediately stop the vehicle at the scene of the accident or as close to it as possible
102 without obstructing traffic more than is necessary; and
103 (b) remain at the scene of the accident until the operator has fulfilled the requirements
104 of Section 41-6a-401.7 .
105 (2) A person who violates the provisions of Subsection (1) is guilty of a class A
106 misdemeanor and shall be fined not less than $750.
107 Section 4. Section 41-6a-401.7 is enacted to read:
108 41-6a-401.7. Accident involving injury, death, or property damage -- Duties of
109 operator, occupant, and owner -- Exchange of information -- Notification of law
110 enforcement -- Penalties.
111 (1) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
112 41-6a-401.5 shall:
113 (a) give to the persons involved:
114 (i) the operator's name, address, and the registration number of the vehicle being
115 operated; and
116 (ii) the name of the insurance provider covering the vehicle being operated including
117 the phone number of the agent or provider;
118 (b) upon request and if available, exhibit the operator's license to:
119 (i) any investigating peace officer present;
120 (ii) the person struck;

121 (iii) the operator, occupant of, or person attending the vehicle or other property
122 damaged in the accident; and
123 (iv) the owner of property damaged in the accident, if present; and
124 (c) render to any person injured in the accident reasonable assistance, including
125 transporting or making arrangements for transporting, of the injured person to a physician or
126 hospital for medical treatment if:
127 (i) it is apparent that treatment is necessary; or
128 (ii) transportation is requested by the injured person.
129 (2) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
130 41-6a-401.5 shall immediately and by the quickest means of communication available give
131 notice or cause to give notice of the accident to the nearest office of a law enforcement agency.
132 (3) The occupant of a vehicle involved in an accident under Section 41-6a-401.3 or
133 41-6a-401.5 who is not the operator of the vehicle shall give or cause to give the immediate
134 notice required under Subsection (2) if:
135 (a) the operator of a vehicle involved in an accident is physically incapable of giving
136 the notice; and
137 (b) the occupant is capable of giving an immediate notice.
138 (4) Except as provided under Subsection (5), if a vehicle or other property damaged in
139 the accident is unattended, the operator of the vehicle involved in the accident shall:
140 (a) locate and notify the operator or owner of the vehicle or the owner of other property
141 damaged in the accident of the operator's name, address, and the registration number of the
142 vehicle causing the damage; or
143 (b) attach securely in a conspicuous place on the vehicle or other property a written
144 notice giving the operator's name, address, and the registration number of the vehicle causing
145 the damage.
146 (5) The operator of a vehicle that provides the information required under this section
147 to an investigating peace officer at the scene of the accident is exempt from providing the
148 information to other persons required under this section.
149 (6) A person who violates Subsection (4) is guilty of a class B misdemeanor.

Legislative Review Note
as of 1-25-06 4:31 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel