HP0643, LD 919, item 2, ‘An Act To Require an Operator To Provide Evidence of Liability Insurance or Financial Responsibility at the Scene of an Accident’

Amend the bill by striking out the title and substituting the following:

‘An Act To Require an Operator To Provide Evidence of Liability Insurance or Financial Responsibility at the Scene of an Accident’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 29-A MRSA §2252, as amended by PL 1999, c. 670, §1, is further amended to read:

§ 2252. Accidents involving death or personal injury

1. Operator required to stop. The operator of a vehicle involved in an accident anywhere that results in personal injury or death to a person shall immediately stop the vehicle at the scene of the accident or stop as close as possible and immediately return to the scene.

2. Provide information. The operator shall remain at the scene and provide to the injured person or someone acting for the injured person or the operator or an occupant of the other vehicle:

A. The operator's name and address;

B. The registration number of the operator's vehicle; and

C. An opportunity to examine the driver's license if the other injured person or someone acting for the injured person or the operator or an occupant of the other vehicle so requests and the license is available . ; and

D. Evidence of liability insurance or financial responsibility as required by section 1601 if the injured person or someone acting for the injured person or the operator or occupant of the other vehicle so requests.

3. Render assistance. The operator shall render reasonable assistance to an injured person.

4. Violation. A person commits a Class D crime if that person fails to comply with this section , except that a person commits a traffic infraction if that person fails to comply with subsection 2, paragraph D.

5. Aggravated punishment category. Notwithstanding subsection 4, a person commits a Class C crime if that person intentionally, knowingly or recklessly fails to comply with this section and the accident resulted in serious bodily injury, as defined in Title 17-A, section 2, subsection 23, or death.

6. Dismissal. The clerk of the District Court Violations Bureau or trial court shall dismiss a Violation Summons and Complaint charging a person with a violation of subsection 2, paragraph D if that person:

A. Shows the issuing law enforcement officer satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation and the issuing officer notifies the violations bureau of that fact; or

B. Files a timely answer to a Violation Summons and Complaint alleging a violation of subsection 2, paragraph D and that person presents to the court at the time of trial satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation.

Sec. 2. 29-A MRSA §2253, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2253. Accidents involving vehicle damage

1. Operator required to stop. The operator of a vehicle involved in an accident that results in damage to an attended vehicle shall immediately stop the vehicle at the scene of the accident or stop as close as possible and immediately return to the scene.[PL 1993, c. 683, Pt. A, § 2 (NEW).]

2. Provide information. The operator shall remain at the scene and provide to the operator or an occupant of the other vehicle:

A. The operator's name and address;

B. The registration number of the operator's vehicle; and

C. An opportunity to examine the driver's license if the other operator or an occupant so requests and the license is available . ; and

D. Evidence of liability insurance or financial responsibility as required by section 1601 if the other operator or an occupant so requests.

3. Violation. A person commits a Class E crime if that person fails to comply with this section , except that a person commits a traffic infraction if that person fails to comply with subsection 2, paragraph D.

4. Dismissal. The clerk of the District Court Violations Bureau or trial court shall dismiss a Violation Summons and Complaint charging a person with a violation of subsection 2, paragraph D if that person:

Sec. 3. 29-A MRSA §2254, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2254. Accidents involving unattended vehicle

1. Operator required to stop. The operator of a vehicle involved in an accident that results in damage to an unattended vehicle shall immediately stop the vehicle at the scene of the accident or stop as close as possible and immediately return to the scene.

2. Provide information. The operator shall notify the owner or operator of the unattended vehicle or shall leave on that vehicle in a conspicuous place a statement containing:

A. The operator's name and address;

B. The registration number of the operator's vehicle; and

C. A statement of the circumstances of the accident.

2-A. Evidence of financial responsibility. The operator of a vehicle involved in an accident that results in damage to an unattended vehicle shall provide evidence of liability insurance or financial responsibility as required by section 1601 if the owner or operator of the unattended vehicle so requests.

3. Violation. A person commits a Class E crime if that person fails to comply with this section , except that a person commits a traffic infraction if that person fails to comply with subsection 2-A.

4. Dismissal. The clerk of the District Court Violations Bureau or trial court shall dismiss a Violation Summons and Complaint charging a person with a violation of subsection 2-A if that person:

B. Files a timely answer to a Violation Summons and Complaint alleging a violation of subsection 2-A and that person presents to the court at the time of trial satisfactory evidence of liability insurance or financial responsibility that was in effect at the time of the alleged violation.

Sec. 4. 29-A MRSA §2255, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2255. Accidents involving property damage

1. Notification. The operator of a vehicle involved in an accident anywhere that results in property damage shall take reasonable steps to notify the owner of that property of the accident.

2. Provide information. The operator shall provide to the property owner:

A. The operator's name and address;

B. The registration number of the operator's vehicle; and

C. An opportunity to examine the driver's license if the operator or owner of the property so requests and the license is available . ; and

D. Evidence of liability insurance or financial responsibility as required by section 1601 if the owner of the property so requests.

SUMMARY

This amendment, which strikes and replaces the bill, requires the operator of a vehicle to provide evidence of liability insurance or financial responsibility if the person is involved in an accident not on a public way or a place where public traffic may reasonably be anticipated that results in personal injury or death, an accident that results in damage to an attended vehicle, an accident that results in damage to an unattended vehicle or an accident anywhere that results in property damage. The amendment also provides that a person commits a traffic infraction if that person fails to meet this requirement.

HP0643 LD 919	Session - 126th Maine Legislature C "A", Filing Number H-251, Sponsored by		LR 1712 Item 2
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