Minnesota Legislature
SF 1246
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/05/2014 01:01pm
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; traffic regulations; clarifying requirements pertaining to
collisions; making a terminology change; amending Minnesota Statutes 2012,
sections 169.09; 609.21, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 169.09, is amended to read:
169.09 ACCIDENTS.
Subdivision 1.
Driver to stop for deleted text begin accidentdeleted text end new text begin collision; injury or deathnew text end deleted text begin with
individualdeleted text end .
The driver of any motor vehicle involved in deleted text begin an accident resulting in
immediately demonstrable bodily injury to or death of any individualdeleted text end new text begin a collisionnew text end shall
immediately stop the vehicle at the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end , or as close to the scene
as possible deleted text begin but shall then return todeleted text end new text begin ,new text end andnew text begin reasonably investigate what was struck. If the
driver knows or has reason to know the collision resulted in injury to or death of another,
the drivernew text end in every event shall remain at the scene of the deleted text begin accident,deleted text end new text begin collisionnew text end until the driver
has fulfilled the requirements of this section as to the giving of information. The stop must
be made without unnecessarily obstructing traffic.
Subd. 2.
Driver to stop for deleted text begin accident to propertydeleted text end new text begin collision; attended vehiclenew text end .
The
driver of any motor vehicle involved in deleted text begin an accident to a vehicle driven or attended by any
individualdeleted text end new text begin a collision new text end shall immediately stop the motor vehicle at the scene of the deleted text begin accident
deleted text end new text begin collisionnew text end , or as close to the deleted text begin accidentdeleted text end new text begin collisionnew text end as possible deleted text begin but shall forthwith return todeleted text end new text begin ,new text end and
new text begin reasonably investigate what was struck. If the driver knows or has reason to know the
collision involves damage to a vehicle driven or attended by another, the drivernew text end in every
event shall remain at the scene of the deleted text begin accident,deleted text end new text begin collisionnew text end until the driver has fulfilled
the requirements of this section as to the giving of information. The stop must be made
without unnecessarily obstructing traffic.
Subd. 3.
Driver to give information.
(a) The driver of any motor vehicle involved
in deleted text begin an accident resultingdeleted text end new text begin a collision the driver knows or has reason to know resultsnew text end in bodily
injury to or death of deleted text begin any individualdeleted text end new text begin anothernew text end , or damage to any vehicle driven or attended by
deleted text begin any individualdeleted text end new text begin anothernew text end , shall deleted text begin stop anddeleted text end give the driver's name, address, and date of birth and
the registration plate number of the vehicle being driven. The driver shall, upon request
and if available, exhibit the driver's license or permit to drive to the individual struck or
the driver or occupant of or individual attending any vehicle collided with. The driver also
shall give the information and upon request exhibit the license or permit to any peace officer
at the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end or who is investigating the deleted text begin accidentdeleted text end new text begin collisionnew text end . The
driver shall render reasonable assistance to any individual injured in the deleted text begin accidentdeleted text end new text begin collisionnew text end .
(b) If not given at the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end , the driver, within 72 hours after
the accident, shall give, on request to any individual involved in the deleted text begin accidentdeleted text end new text begin collisionnew text end or
to a peace officer investigating the deleted text begin accidentdeleted text end new text begin collisionnew text end , the name and address of the insurer
providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
Subd. 4.
deleted text begin Collision withdeleted text end new text begin Driver to stop for collision; new text end unattended vehicle.
The
driver of any motor vehicle deleted text begin that collides with and damages any vehicle that is unattended
deleted text end new text begin involved in a collisionnew text end shall immediately stop new text begin the vehicle at the scene of the collision, or
as close to the scene as possible, new text end andnew text begin reasonably investigate what was struck. If the driver
knows or has reason to know the collision resulted in damage to any unattended vehicle,
the driver mustnew text end either locate and notify the driver or owner of the vehicle of the name and
address of the driver and registered owner of the vehicle striking the unattended vehicle,
deleted text begin shalldeleted text end report this same information to a peace officer, or deleted text begin shalldeleted text end leave in a conspicuous place
in or secured to the vehicle struck, a written notice giving the name and address of the
driver and of the registered owner of the vehicle doing the striking.new text begin The stop must be made
without unnecessarily obstructing traffic.
new text end
Subd. 5.
Notify owner of damaged property.
new text begin If new text end the driver of any vehicle involved
in deleted text begin an accident resultingdeleted text end new text begin a collision knows or has reason to know the collision resulted
new text end only in damage to fixtures legally upon or adjacent to a highwaynew text begin , the drivernew text end shall take
reasonable steps to locate and notify the owner or person in charge of the property of that
fact, of the driver's name and address, and of the registration plate number of the vehicle
being driven and shall, upon request and if available, exhibit the driver's license, and make
new text begin an accident reportnew text end deleted text begin report of thedeleted text end deleted text begin accidentdeleted text end in every case. The report must be made in the
same manner as a report made pursuant to subdivision 7.
Subd. 5a.
Driver deemed agent of owner.
Whenever any motor vehicle shall be
operated within this state, by any person other than the owner, with the consent of the
owner, express or implied, the operator thereof shall in case of accident, be deemed the
agent of the owner of such motor vehicle in the operation thereof.
Subd. 6.
Notice of personal injury.
The driver of a vehicle involved in deleted text begin an accident
deleted text end new text begin a collisionnew text end resulting in bodily injury to or death of deleted text begin any individualdeleted text end new text begin anothernew text end shall, after
compliance with this section and by the quickest means of communication, give notice of
the deleted text begin accidentdeleted text end new text begin collisionnew text end to the local police department if the deleted text begin accidentdeleted text end new text begin collisionnew text end occurs within
a municipality, to a State Patrol officer if the deleted text begin accidentdeleted text end new text begin collisionnew text end occurs on a trunk highway,
or to the office of the sheriff of the county.
Subd. 7.
Accident report to commissioner.
(a) The driver of a vehicle involved in
an accident resulting in bodily injury to or death of any individual or total property damage
to an apparent extent of $1,000 or more, shall forward a written report of the accident to
the commissioner of public safety within ten days of the accident. On the required report,
the driver shall provide the commissioner with the name and policy number of the insurer
providing vehicle liability insurance coverage at the time of the accident.
(b) On determining that the original report of any driver of a vehicle involved in
an accident of which report must be made as provided in this section is insufficient, the
commissioner of public safety may require the driver to file supplementary information.
Subd. 8.
Officer to report accident to commissioner.
A peace officer who, in the
regular course of duty, investigates an accident that must be reported under this section
shall, within ten days after the date of the accident, forward an electronic or written report
of the accident as prescribed by the commissioner of public safety.
Subd. 9.
Accident report format.
The commissioner of public safety shall
prescribe the format for the accident reports required under this section. Upon request the
commissioner shall make available the format to police departments, coroners, sheriffs,
garages, and other suitable agencies or individuals. The electronic or written report to be
completed by individuals involved in accidents and by investigating peace officers must
disclose the causes, existing conditions, and the individuals and vehicles involved.
Subd. 11.
Coroner to report death.
Every coroner or other official performing
like functions shall report in writing to the commissioner of public safety the death of
any individual within the coroner's jurisdiction as the result of an accident involving a
vehicle and the circumstances of the accident. The report must be made within 15 days
after the death.
In the case of drivers killed in vehicle accidents and of the death of pedestrians 16
years of age or older, who die within four hours after an accident, the coroner or other
official performing like functions shall examine the body and shall make tests as are
necessary to determine the presence and percentage concentration of alcohol, and drugs
if feasible, in the blood of the victim. This information must be included in each report
submitted pursuant to the provisions of this subdivision and shall be tabulated on a
monthly basis by the commissioner of public safety. This information may be used only
for statistical purposes that do not reveal the identity of the deceased.
Subd. 12.
Garage to report bullet damage.
The individual in charge of any
garage or repair shop to which is brought any vehicle that shows evidence of having
been struck by any bullet shall immediately report to the local police or sheriff and to
the commissioner of public safety within 24 hours after the vehicle is received, giving
the engine number if any, registration plate number, and the name and address of the
registered owner or operator of the vehicle.
Subd. 13.
Reports confidential; evidence, fee, penalty, appropriation.
(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:
(1) upon written request, the commissioner of public safety or any law enforcement
agency shall disclose the report required under subdivision 8 to:
(i) any individual involved in the accident, the representative of the individual's
estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
under section 573.02;
(ii) any other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the accident;
(iii) legal counsel of a person described in item (i) or (ii); or
(iv) a representative of the insurer of any person described in item (i) or (ii);
(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations;
(5) upon specific request, the commissioner of public safety shall provide the
commissioner of transportation the information obtained regarding each traffic accident
involving damage to identified state-owned infrastructure, for purposes of debt collection
under section 161.20, subdivision 4; and
(6) the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.
(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special revenue fund and credited
to the driver services operating account established in section 299A.705 and ten percent
must be deposited in the general fund. The commissioner may also furnish an electronic
copy of the database of accident records, which must not contain personal or private data
on an individual, to private agencies as provided in paragraph (g), for not less than the cost
of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records database includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons seeking
access to a vehicle's history and not for identifying individuals or for any other purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
Subd. 14.
Penalties.
(a) The driver of any vehicle who violates subdivision 1 or 6
and who did not cause the deleted text begin accidentdeleted text end new text begin collisionnew text end is punishable as follows:
(1) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in the death of deleted text begin any individualdeleted text end new text begin anothernew text end , the driver
is guilty of a felony and may be sentenced to imprisonment for not more than three years,
or to payment of a fine of not more than $5,000, or both;
(2) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in great bodily harm to deleted text begin any individualdeleted text end new text begin anothernew text end ,
as defined in section 609.02, subdivision 8, the driver is guilty of a felony and may be
sentenced to imprisonment for not more than two years, or to payment of a fine of not
more than $4,000, or both; or
(3) if the deleted text begin accidentdeleted text end new text begin collisionnew text end results in substantial bodily harm to deleted text begin any individual
deleted text end new text begin anothernew text end , as defined in section 609.02, subdivision 7a, the driver may be sentenced to
imprisonment for not more than one year, or to payment of a fine of not more than $3,000,
or both.
(b) The driver of any vehicle involved in deleted text begin an accidentdeleted text end new text begin a collisionnew text end deleted text begin notdeleted text end resulting in
deleted text begin substantialdeleted text end bodily harm new text begin to anothernew text end deleted text begin or deathdeleted text end who violates subdivision 1 or 6 may be
sentenced to imprisonment for not more than one year, or to payment of a fine of not
more than $3,000, or both.
(c) Any person who violates subdivision deleted text begin 2,deleted text end 3, deleted text begin 4,deleted text end 5, 7, 8, 11, or 12 is guilty of a
misdemeanor.
new text begin
(d) The driver of any vehicle involved in a collision resulting in damage to an
attended vehicle who violates subdivision 2 is guilty of a misdemeanor.
new text end
new text begin
(e) The driver of any vehicle involved in a collision resulting in damage to an
unattended vehicle who violates subdivision 4 is guilty of a misdemeanor.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end The attorney in the jurisdiction in which the violation occurred who is
responsible for prosecution of misdemeanor violations of this section shall also be
responsible for prosecution of gross misdemeanor violations of this section.
Subd. 14a.
Suspension of license for failure to report accident.
The commissioner
may suspend the license, or any nonresident's operating privilege, of any person who
willfully fails, refuses, or neglects to make report of a traffic accident as required by
the laws of this state. A license suspension under this section is subject to the notice
requirements of section 171.18, subdivision 2.
Subd. 15.
Defense.
It is an affirmative defense to prosecution under subdivisions
1, 2, and 6 that the driver left the scene of the deleted text begin accidentdeleted text end new text begin collisionnew text end to take any individual
suffering immediately demonstrable bodily injury in the deleted text begin accidentdeleted text end new text begin collisionnew text end to receive
emergency medical care if the driver of the involved vehicle gives notice to a law
enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
emergency medical care has been undertaken.
Subd. 16.
Commissioner as agent for service of process.
The use and operation by
a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment by
the resident if absent from this state continuously for six months or more following an
accident, or by the nonresident at any time, of the commissioner of public safety to be the
resident's or nonresident's true and lawful attorney upon whom may be served all legal
process in any action or proceeding against the resident or nonresident or the executor,
administrator, or personal representative of the resident or nonresident growing out of
the use and operation of a motor vehicle within this state, resulting in damages or loss
to person or property, whether the damage or loss occurs on a highway or on abutting
public or private property. This appointment is binding upon the nonresident's executor,
administrator, or personal representative. The use or operation of a motor vehicle by the
resident or nonresident is a signification of agreement that any process in any action
against the resident or nonresident or executor, administrator, or personal representative
of the resident or nonresident that is so served has the same legal force and validity as if
served upon the resident or nonresident personally or on the executor, administrator, or
personal representative of the resident or nonresident. Service of process must be made by
serving a copy thereof upon the commissioner or by filing a copy in the commissioner's
office, together with payment of a fee of $20, and is deemed sufficient service upon the
absent resident or the nonresident or the executor, administrator, or personal representative
of the resident or nonresident; provided that notice of service and a copy of the process
are sent by mail by the plaintiff within ten days to the defendant at the defendant's last
known address and that the plaintiff's affidavit of compliance with the provisions of this
chapter is attached to the summons.
Subd. 17.
Information access by vehicle owners.
If an accident report has been
prepared by a person involved in an accident and no report has been prepared by a law
enforcement officer, the owners of the vehicles involved in an accident shall have the same
access to information maintained by the Department of Public Safety, Driver and Vehicle
Services Division, about the vehicles, their owners, and their drivers that would have been
available to a law enforcement officer reporting on the accident.
Subd. 18.
Continuance of court proceeding; costs.
The court in which the
action is pending may order a continuance as may be necessary to afford the defendant
reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
prevails in the suit. The commissioner shall keep a record of all processes so served,
which must show the day and hour of service.
new text begin Subd. 19. new text end
new text begin Terminology. new text end
new text begin
The provisions of this section apply equally whether
the term "accident" or "collision" is used.
new text end
Sec. 2.
Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
Subdivision 1.
Criminal vehicular homicide or operation; crime described.
A
person is guilty of criminal vehicular homicide or operation and may be sentenced as
provided in subdivision 1a, if the person causes injury to or the death of another as a
result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous
substance;
(6) in a negligent manner while any amount of a controlled substance listed in
Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
present in the person's body;
(7) where the driver who causes the deleted text begin accidentdeleted text end new text begin collisionnew text end leaves the scene of the
deleted text begin accidentdeleted text end new text begin collisionnew text end in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued
a citation or warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to know that
the defect created a present danger to others, and the injury or death was caused by the
defective maintenance.