ACCIDENTS AND REPORTS
39A:AR-1. Application
The duties and responsibilities imposed by this chapter shall apply to accidents occurring upon highways and elsewhere throughout the State.
Source: 39:4-134.1
COMMENT
This section contains the substance of the original.
39A:AR-2. Actions in event of accident
a. The driver of a vehicle knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close as possible. If the driver does not stop at the scene, the driver shall immediately return to the scene. The driver shall remain at the scene until all requirements of subsections (e) and (f) are fulfilled. The stop at or near the scene shall be made without obstructing traffic more than is necessary. Violation of this subsection is a class A offense. The term of imprisonment shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
b. A person convicted under subsection (a) shall also forfeit the right to operate a motor vehicle in New Jersey for a period of one year from the date of the conviction for a first offense, and for a subsequent offense shall permanently forfeit the right to operate a motor vehicle in New Jersey.
c. The driver of a vehicle knowingly involved in an accident resulting only in damage to a vehicle, including the driver’s own vehicle, or other property which is attended by any person, shall immediately stop the vehicle at the scene of the accident or as close as possible. If the driver does not stop at the scene, the driver shall immediately return to the scene. The driver shall remain at the scene until all requirements of subsections (e) and (f) are fulfilled. The stop at or near the scene shall be made without obstructing traffic more than is necessary. First violation of this subsection is a class C offense. Subsequent violation of this subsection is a class B offense.
d. A person convicted under subsection (c) shall, for a first offense, forfeit the right to operate a motor vehicle in New Jersey for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
e. The driver of a vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his or her name and address and exhibit his or her driver's license and registration certificate to:
(1) The person injured or whose vehicle or property was damaged;
(2) Any police officer;
(3) Any witness of the accident; and
(4) The driver or occupants of the vehicle collided with.
In the event that none of the persons specified are in condition to receive the information, and no police officer is present, the driver of the vehicle involved in the accident, after fulfilling all other requirements of this section insofar as possible to be performed, shall immediately report the accident to the nearest office of the local police, county police or State Police and submit the information specified in this subsection.
f. The driver of a vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or it is requested by the injured person.
g. The driver of a vehicle which is knowingly involved in an accident with any vehicle or other property which is unattended, resulting in damage to such vehicle or other property, shall immediately stop, locate and notify the operator or owner of the vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property. In the event an unattended vehicle is struck and its driver or owner cannot be immediately located, the driver of the striking vehicle shall securely attach, in a conspicuous place in or on such vehicle, a written notice giving the name and address of the driver and owner of the vehicle doing the striking. In the event property other than a vehicle is struck and its owner cannot be immediately located, the driver of the striking vehicle shall notify the nearest office of the local police department, county police or State Police and shall notify the owner of the property as soon as the owner can be identified and located. A person who violates this subsection shall be punished as provided in subsection (c).
h. The driver of a motor vehicle involved in an accident resulting in injury or death to a person or damage in the amount of $500 or more to a vehicle or property shall be presumed to have knowledge of such accident. The presumption is rebuttable. For purposes of this section, it shall not be a defense that the driver was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the driver was aware that he or she was involved in an accident.
Source: 39:4-129.
COMMENT
This section contains the substance of the original but re-letters and renumbers the various subsections to make use of and reference to the section easier.
Subsections (a) and (c) designate penalties according to the new penalty classification system contained in 39A:44-GP1. The level of the subsequent offense in subsection (c) had been changed from class C to class B by the Commission to address concerns raised by law enforcement officers. The monetary limit in subsection (h) dealing with the presumption of knowledge has been increased from $250 to $500 to reflect the reality that even minor damage to a vehicle or property that may or may not be visible on brief inspection could exceed $500.
39A:AR-3. Report of accident
a. The driver of a vehicle involved in an accident resulting in injury to or death of a person, or damage to property of any one person in excess of $1,000, shall by the quickest means of communication give notice of such accident to the local police department, the nearest office of the county police, or the State Police. In addition, the drive shall within 10 days after the accident forward a written report of the accident to the Commission on forms furnished by it.
b. A written report shall contain sufficiently detailed information with reference to the accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the Commissioner to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The Commissioner may rely upon the accuracy of the information contained in a report, unless the Commissioner has reason to believe that the report is erroneous. The Commission may require operators involved in accidents to file supplemental reports of the accidents upon forms furnished by the Commission when the Commissioner deems the original report insufficient.
c. The reports described in this section shall be without prejudice, shall be for the information of the Commission, and shall not be open to public inspection. The fact that the reports have been made shall be admissible in evidence solely to prove compliance with this section, but no report or any part thereof shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.
d. When the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required, and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made the notice or report not made by the driver. When the driver is physically incapable of making a written report of an accident and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall make the report.
e. A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the Commission pursuant to 39:4-131.
f. Violation of this section is a class D offense, if the accident resulted in damage to property only. Violation of this section when the accident resulted in personal injury or death is a class B offense. In both instances, the Commissioner may also revoke or suspend the driver's license and registration privileges of a person who violates this section.
g. For purposes of this section, it shall not be a defense that the driver of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the driver was aware that the driver was involved in an accident.
Source: 39:4-130.
COMMENT
This section contains the substance of the original, but the lettered subsections are new and were added for ease of use and reference.
The Commission increased the monetary limit of damage to property requiring reporting was increased from $500 to $1,000 to reflect the reality that even a minor incident could cause damage in excess of $500. Subsection (f) designates penalties according to the new penalty classification system contained in 39A:44-GP1. The level of the offense when personal injury or death occurred had been changed from class D to class B by the Commission to address concerns raised by law enforcement officers.
39A:AR-4. Reports
a. The Commission shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including:
(1) The cause;
(2) The conditions then existing;
(3) The persons and vehicles involved;
(4) The compliance with 39:3-76.2e et seq. by the operators and passengers of the vehicles involved in the accident;
(5) Whether the operator of the vehicle was using a cellular telephone when the accident occurred; and
(6) Such other information as the Commissioner may require.
b. Every law enforcement officer who investigates a vehicle accident of which report must be made, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the Commission, on forms furnished by it, within five days after the investigation of the accident.
c. Written reports required to be forwarded by law enforcement officers shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and the right in person to purchase copies of the reports at the fee established by 47:1A-5. If copies of reports are requested other than in person, an additional fee of up to $5 for the first three pages and $1 per page thereafter may be added to cover the administrative costs of the report. Upon request, a police department shall send an accident report to a person through the mail or via fax as defined in 19:59-2. The police department may require the person requesting the report to provide a completed request form and the appropriate fee prior to faxing or mailing the report. The police department shall provide the person requesting the report with the option of submitting the form and providing the appropriate fee either in person, through the mail, or via fax as defined in 19:59-2. Any rule, regulation, resolution or ordinance inconsistent with this chapter or establishing a fee in excess of the fee permitted by 47:1A-5 is superseded insofar as it is inconsistent or to the extent that it exceeds the fee so established.
d. The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this chapter shall not be subject to confidentiality requirements except as provided by 2A:84A-28.
Source: 39:4-131; 39:4-131.1.
COMMENT
This section contains the substance of the original sections, but consolidates two sections of the current statute. Lettering was added to the subsections for ease of use and reference.
39A:AR-5. Reports by repairpersons
a. The person in charge of a garage or repair shop to which a motor vehicle is brought which shows evidence of having been involved in an accident for which a report must be made by the driver pursuant to 39:4-130 or of having been struck by a bullet shall report to the nearest office of the local police department, the county police, or the State Police within 24 hours after the motor vehicle is received. The reporting individual shall give the serial number, registration number and, if known, the name and address of the owner or operator of the vehicle.
b. Violation of this section is a class B offense.
Source: 39:4-132.
COMMENT
This section contains the substance of the original.
Subsection (b) designates penalty according to the new penalty classification system contained in 39A:44-GP1. The level of the offense had been changed from class C to class B by the Commission to bring the penalty in accord with penalties for similar offenses and to address concerns raised by law enforcement officers.
39A:AR-6. Report of death
Every county prosecutor, county medical examiner, or other official performing similar functions shall make a report to the Commissioner with respect to a death found to have been the result of a motor vehicle accident.
Source: 39:4-134.
COMMENT
This section is substantially identical to the original.