SENATE BILL REPORT

SB 5114

BYSenators Peterson, Bender, Kreidler, Deccio, Fleming, Vognild, Saling, Bauer, DeJarnatt, Nelson, Barr, Rasmussen, Moore and Johnson

Limiting a driver's accident record to those where the driver was at fault.

Senate Committee on Transportation

Senate Hearing Date(s):February 5, 1987; February 17, 1987

Majority Report:  That Substitute Senate Bill No. 5114 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Bender, DeJarnatt, Nelson, Patterson, Sellar, West.

Senate Staff:Cathy Mayo (786-7304)

                  February 19, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 17, 1987

BACKGROUND:

Any reportable accident in which the driver is involved, regardless of fault, is recorded in the driver's file maintained by the Department of Licensing.  A five-year copy of the record is available to the individual named in the abstract, the judicial system, law enforcement agencies and the Department.  A three-year version is available to the individual, his/her employer and insurance company.

A driver who is involved in an accident that results in death or injury, or $300 in property damage is required to file an accident report with the local law enforcement agency within 24 hours.  Presently, the accident reporting threshold for property damage is statutorily set; therefore, is does not always reflect the current inflation rate.  The property damage reporting level was set at $25 in 1937, and was increased to $100 in 1965 and to $300 in 1977.

Currently in use are two separate civilian accident report forms created in 1981 to reduce the amount of paper flowing to the Washington State Patrol:  (1) Investigated Report Form.  If the accident is investigated, a copy of the accident report form completed by the driver and filed with the local law enforcement agency is not forwarded to the Patrol.  (2) Non-Investigated Report Form.  If the accident is not investigated, a copy of the accident report form completed by the driver and filed with the local law enforcement agency is forwarded to the WSP.

The creation of two forms has resulted in confusion.  In many instances, the Patrol is receiving the wrong report or no report at all.  Returning to the use of one civilian accident report should insure more accurate reporting.  The WSP now has an automated filing system which will enable the Records Section to deal with the increased paper flow with minimal impact.

SUMMARY:

The Department of Licensing (DOL) will record all accidents in which an individual is involved and indicate those in which the driver is found to be at fault through a civil proceeding, a criminal conviction, or a finding that the driver has committed a traffic infraction.  Accident reports in which the driver was found to be at fault are recorded on DOL's three-year driver's abstract and are available to the individual named in the abstract, the employer or insurance company.

The accident reporting threshold for property damage is established by Washington State Patrol (WSP) administrative rule.  The corresponding financial responsibility property damage threshold is established by Department of Licensing administrative rule.  Beginning July 1, 1987, the property damage threshold for reporting shall be a minimum of $500.  The thresholds shall be revised when necessary, but not more frequently than every two years based on economic changes as reflected by an inflationary index recommended by the Office of Financial Management.  Revisions are guided by changes in the index from the time of the last revision; DOL's revisions are also guided by the Patrol's current threshold for filing accident reports.

It is still acceptable for a driver to file a civilian accident report when the property damage amount is less than the current threshold.

Only one civilian accident report form is required, regardless of whether or not the accident is investigated by a law enforcement officer.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Licensing shall not be required to place an identifier of fault on the driver's record when a vehicle accident report is filed.  The mandate to record on the driver's record only the accidents in which the driver was found to be at fault is deleted.  An insurance policy rate shall not be increased as a result of collisions if the driver is determined to be not at fault.

Fiscal Note:      available

Senate Committee - Testified: Captain Rick Jensen, Washington State Patrol; Foster Cronyn, Washington Insurers; Harold Fosso, State Farm Insurance