2001 -- S 0428
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LC01547
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2001
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A N A C T
RELATING TO MOTOR AND OTHER VEHICLES/P>
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-26-9 and 31-26-16 of the General Laws in Chapter 31-26 entitled "Accidents and Accident Reports" are hereby amended to read as follows:
31-26-9. Reports by law enforcement officers - (1) When in the regular course of duty any law enforcement officer completes an investigation of a motor vehicle accident that must be reported under section 31-26-6, whether this investigation takes place at the time and scene of the accident or by interviewing participants or witnesses later, the officer shall, forward a written report of the accident to the division. effective January 1, 2001, submit all investigated and reportable accident reports to the department of transportation electronically. The form utilized shall be the newly revised accident form developed by the Rhode Island department of transportation in cooperation with the division of motor vehicles. The electronic accident report shall be transferred using the Rhode Island accident data export manager over the Rhode Island law enforcement telecommunication system (RILETS) to the Rhode Island department of transportation.
(2) The law enforcement agency shall transmit an electronic accident report to the department of transportation within fourteen (14) days of the investigation or preparing of the report.
(3) The driver of a vehicle that is involved in an accident shall submit the motorist accident report form to the department of motor vehicles within twenty-one (21) days of the accident, pursuant to Rhode Island general laws section 31-27-9.
(4) Any accident occurring on a highway or upon premises open to the public resulting in injury or death to any person or damage to property equal to or in excess of one thousand dollars ($1,000) is subject to the reporting requirements. In addition, the department of motor vehicles will take action on reported accidents in excess of five hundred dollars ($500) for compliance with the state financial responsibility law pursuant to Rhode Island general laws section 31-26-6.
(5) The Rhode Island department of transportation shall serve as the accident data repository agency for the electronic accident reports submitted by the law enforcement agencies in the state, and the department of motor vehicles shall remain as the repository agency for all motorist accident reports.
31-26-16. Uniform statewide motor vehicle accident police report -- (a) There is established a uniform statewide motor vehicle accident police report which shall be used by the Rhode Island state police and all other state or municipal police departments.
(b) This uniform statewide motor vehicle accident police report shall include but not be limited to:
(1) The names and age of all occupants of each car involved;
(2) Identification of occupants wearing seatbelts, for statistical purposes;
(3) An indication of whether air bags were available and activated;
(4) Vehicle owners' insurance policy information, including company name and policy number;
(5) A specific description of all vehicle damage, including glass breakage, caused by the accident;
(6) A specific description of all vehicle damage, including glass breakage, which pre-existed the accident;
(7) A specific description of all damage to contents of the vehicles caused by the accident;
(8) A specific description of all accident debris;
(9) Any (b) Also, any other information that the superintendent of the Rhode Island state police, in consultation with the municipal police chiefs association, shall deem appropriate.
(c) The failure of a police department to use the uniform report form when taking a report shall not be used:
(1) By a defendant in a criminal prosecution or violation hearing as grounds for challenge to, or dismissal of, any charges or citations arising out of the motor vehicle accident; or
(2) As a basis to challenge the admissibility of a police report in any administrative or judicial proceeding, civil or criminal.
SECTION 2. This act shall take effect upon passage.
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LC01547
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES
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This act establishes a uniform statewide motor vehicle accident police report. It would also require all law enforcement officers to submit accident reports to the Department of Transportation by electronic mail.
This act would take effect upon passage.