2020 -- H 7977

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LC005263

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

     

     Introduced By: Representatives Millea, McKiernan, Caldwell, Almeida, and Williams

     Date Introduced: March 06, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-26-9 and 31-26-13 of the General Laws in Chapter 31-26 entitled

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"Accidents and Accident Reports" are hereby amended to read as follows:

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     31-26-9. Reports by law enforcement officers.

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     (a) Every law enforcement officer who, in the regular course of duty, investigates a motor

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vehicle accident of which a report must be made as required in § 31-26-6 and in accordance with

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subsections (a), (b), (d) and (e) of this section, either at the time of and at the scene of the accident

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or thereafter by interviewing participants or witnesses shall, effective January 1, 2003, submit all

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investigated and reportable accident reports to the department of transportation electronically. The

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form utilized shall be the newly revised accident form developed by the department of

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transportation in cooperation with the division of motor vehicles. The electronic accident report

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shall be transferred using the Rhode Island Accident Data Export Manager over the Rhode Island

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law Enforcement Telecommunication System (RILETS) to the department of transportation.

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     (b) The law enforcement agency or their contracted agent shall transmit an electronic

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accident report to the department of transportation within fourteen (14) days of the investigation or

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preparing of the report and may maintain a copy locally.

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     (c) The driver of a vehicle that is involved in an accident shall submit the motorist accident

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report form to the division of motor vehicles within twenty-one (21) days of the accident, pursuant

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to § 31-26-6.

 

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     (d) Any accident occurring on a highway or upon premises open to the public resulting in

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injury or death to any person or damage to property equal to or in excess of one thousand dollars

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($1,000) is subject to the reporting requirements. In addition, the division of motor vehicles will

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take action on reported accidents in excess of five hundred dollars ($500) for compliance with the

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state financial responsibility law pursuant to § 31-26-6.

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     (e) The department of transportation shall serve as the accident data repository agency for

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the electronic accident reports submitted by the law enforcement agencies in the state, and the

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division of motor vehicles shall remain as the repository agency for all motorist accident reports.

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"Personal information", as defined in § 11-49.3-3, and associated with accident reports submitted

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pursuant to this section shall remain privileged except that such information may be provided to an

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involved party to the accident or their legal representative, an insurance company or in accordance

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with Rhode Island general laws.

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     31-26-13. Reports confidential -- Use as evidence.

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     (a) All motorist accident reports made by persons involved in accidents, pursuant to § 31-

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26-6, or by garages, pursuant to § 31-26-12, shall be without prejudice to the individual so reporting

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and shall be for the confidential use of the division of motor vehicles or other state or municipal

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agencies having use for the records for accident prevention purposes or for the administration of

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the laws of this state relating to the deposit of security and proof of financial responsibility by

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persons driving or the owners of motor vehicles.

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     (b) The division of motor vehicles may disclose the identity of a person involved in an

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accident when the identity is not otherwise known or when the person denies his or her presence at

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the accident, and except that the reports, as well as police reports, may be used by the division of

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motor vehicles, together with any other evidence that the division of motor vehicles may deem

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appropriate, to make determinations as to the reasonable possibility of a judgment being rendered

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for purposes of requiring security after an accident involving one or more uninsured motorists.

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     (c) No report shall be used as evidence in any trial, civil or criminal, arising out of an

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accident, except that the division of motor vehicles shall furnish upon demand of any person who

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has, or claims to have, made a report or upon demand of any court, a certificate showing that a

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specified accident report has or has not been made to the division of motor vehicles solely to prove

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a compliance or a failure to comply with the requirement that a report be made to the division.

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Provided, that in the event an accident report has not been filed, then the failure to file the report

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shall be considered to be prima facie evidence that the operator and/or the registered owner of the

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motor vehicle involved was uninsured at the time of the accident.

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     SECTION 2. This act shall take effect upon passage.

 

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ACCIDENTS AND ACCIDENT

REPORTS

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     This act would require that motor vehicle accident reports be transmitted by the law

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enforcement agency or their contract agent within fourteen (14) days of preparing the report and

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may maintain a copy locally. Personal information within the report would remain privileged

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subject to certain exceptions.

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     This act would take effect upon passage.

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LC005263

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