Passed by the Senate February 9, 2005 YEAS 45   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 7, 2005 YEAS 67   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5161 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 22, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 22, 2005 - 4:30 p.m. Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 01/28/05.
AN ACT Relating to accident reports; amending RCW 46.52.030 and 46.52.060; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.52.030 and 1997 c 248 s 1 are each amended to read
as follows:
(1) Unless a report is to be made by a law enforcement officer
under subsection (3) of this section, the driver of any vehicle
involved in an accident resulting in injury to or death of any person
or damage to the property of any one person to an apparent extent equal
to or greater than the minimum amount established by rule adopted by
the chief of the Washington state patrol in accordance with subsection
(5) of this section, shall, within four days after such accident, make
a written report of such accident to the chief of police of the city or
town if such accident occurred within an incorporated city or town or
the county sheriff or state patrol if such accident occurred outside
incorporated cities and towns. Nothing in this subsection prohibits
accident reports from being filed by drivers where damage to property
is less than the minimum amount or where a law enforcement officer has
submitted a report.
(2) The original of the report shall be immediately forwarded by
the authority receiving the report to the chief of the Washington state
patrol at Olympia, Washington. The Washington state patrol shall give
the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an accident for
which a report is required under subsection (1) of this section shall
submit an investigator's report as required by RCW 46.52.070.
(4) The chief of the Washington state patrol may require any driver
of any vehicle involved in an accident, of which report must be made as
provided in this section, to file supplemental reports whenever the
original report in the chief's opinion is insufficient, and may
likewise require witnesses of any such accident to render reports. For
this purpose, the chief of the Washington state patrol shall prepare
and, upon request, supply to any police department, coroner, sheriff,
and any other suitable agency or individual, sample forms of accident
reports required hereunder, which reports shall be upon a form devised
by the chief of the Washington state patrol and shall call for
sufficiently detailed information to disclose all material facts with
reference to the accident to be reported thereon, including the
location, the circumstances, the conditions then existing, the persons
and vehicles involved, the insurance information required under RCW
46.30.030, personal injury or death, if any, the amounts of property
damage claimed, the total number of vehicles involved, whether the
vehicles were legally parked, legally standing, or moving, ((and))
whether such vehicles were occupied at the time of the accident, and
whether any driver involved in the accident was distracted at the time
of the accident. Distractions contributing to an accident must be
reported on the accident form and include at least the following
minimum reporting options: Not distracted; operating a handheld
electronic telecommunication device; operating a hands-free wireless
telecommunication device; other electronic devices (including, but not
limited to, PDA's, laptop computers, navigational devices, etc.);
adjusting an audio or entertainment system; smoking; eating or
drinking; reading or writing; grooming; interacting with children,
passengers, animals, or objects in the vehicle; other inside
distractions; outside distractions; and distraction unknown. Every
required accident report shall be made on a form prescribed by the
chief of the Washington state patrol and each authority charged with
the
duty of receiving such reports shall provide sufficient report
forms in compliance with the form devised. The report forms shall be
designated so as to provide that a copy may be retained by the
reporting person.
(5) The chief of the Washington state patrol shall adopt rules
establishing the accident-reporting threshold for property damage
accidents. Beginning October 1, 1987, the accident-reporting threshold
for property damage accidents shall be five hundred dollars. The
accident-reporting threshold for property damage accidents shall be
revised when necessary, but not more frequently than every two years.
The revisions shall only be for the purpose of recognizing economic
changes as reflected by an inflationary index recommended by the office
of financial management. The revisions shall be guided by the change
in the index for the time period since the last revision.
Sec. 2 RCW 46.52.060 and 1998 c 169 s 1 are each amended to read
as follows:
It shall be the duty of the chief of the Washington state patrol to
file, tabulate, and analyze all accident reports and to publish
annually, immediately following the close of each fiscal year, and
monthly during the course of the year, statistical information based
thereon showing the number of accidents, the location, the frequency,
whether any driver involved in the accident was distracted at the time
of the accident and the circumstances thereof, and other statistical
information which may prove of assistance in determining the cause of
vehicular accidents. Distractions contributing to an accident to be
reported must include at least the following: Not distracted;
operating a handheld electronic telecommunication device; operating a
hands-free wireless telecommunication device; other electronic devices
(including, but not limited to, PDA's, laptop computers, navigational
devices, etc.); adjusting an audio or entertainment system; smoking;
eating or drinking; reading or writing; grooming; interacting with
children, passengers, animals, or objects in the vehicle; other inside
distractions; outside distractions; and distraction unknown.
Such accident reports and analysis or reports thereof shall be
available to the director of licensing, the department of
transportation, the utilities and transportation commission, the
traffic safety commission, and other public entities authorized by the
chief of the Washington state patrol, or their duly authorized
representatives, for further tabulation and analysis for pertinent data
relating to the regulation of highway traffic, highway construction,
vehicle operators and all other purposes, and to publish information so
derived as may be deemed of publication value.
NEW SECTION. Sec. 3 This act takes effect January 1, 2006.