41-6a-402 - Accident reports -- Duty of operator and investigative officer to file.
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 accidentresulting in injury to or death of any person or total property damage to the apparent extent of$1,000 or more to file within 10 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 thedepartment.
(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 isphysically incapable of making a report, during the period of incapacity.
(b) If the operator is physically incapable of making an accident report under this sectionand the operator is not the owner of the vehicle, the owner of the vehicle involved in the accidentshall within 15 days after becoming aware of the accident make the report required of theoperator under this section.
(4) (a) The department shall, upon request, supply to law enforcement agencies, justicecourt judges, sheriffs, garages, and other appropriate agencies or individuals forms for accidentreports required under this part.
(b) A request for an accident report form under Subsection (4)(a) shall be made in amanner specified by the division.
(c) The accident reports shall:
(i) provide sufficient detail to disclose the cause, conditions then existing, and thepersons 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 andany nonresident operating privileges of any person failing to file an accident report in accordancewith this section.
(c) The suspension under Subsection (5)(b) shall be in effect until the report has beenfiled 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 vehicleaccident described under Subsection (1) shall file the original or an electronic copy of the reportof the accident with the department within 10 days after completing the investigation.
(b) The accident report shall be made either at the time of and at the scene of the accidentor later by interviewing participants or witnesses.
(7) The accident reports required to be filed with the department under this section andthe information in them are protected and confidential and may be disclosed only as provided inSection 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 avehicle involved in an accident, or the owner of the vehicle involved in an accident, shall filewith the local law enforcement agency a report of the accident or a copy of any report required tobe filed with the department under this part.
(b) All reports are for the confidential use of the municipal department and are subject tothe provisions of Section 41-6a-404.
Renumbered and Amended by Chapter 2, 2005 General Session