Rules of the Road for Drivers

ORS 811.725
Driver failure to report accident to Department of Transportation

  • penalty


(1)

The driver of a vehicle commits the offense of driver failure to report an accident if the driver does any of the following:

(a)

Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 (When accident must be reported to Department of Transportation) and does not, within 72 hours of the accident, complete a report of the accident in a form approved by the Department of Transportation and submit the report to the department.

(b)

Is driving a vehicle that is involved in an accident and does not submit to the department any report required by the department that is other than or in addition to the reports required by this section. The department may request a supplemental report if in the opinion of the department the original report is insufficient.

(c)

Is driving any vehicle that is involved in an accident required to be reported under ORS 811.720 (When accident must be reported to Department of Transportation) and does not, within 72 hours of the accident, provide proof of compliance with financial responsibility requirements to the department, in a form furnished by the department, that at the time of the accident the person was in compliance with the financial responsibility requirements.

(2)

The proof of compliance with financial responsibility required under this section is subject to the prohibitions and penalties for false certification under ORS 806.050 (Falsification of financial responsibility).

(3)

The reports described under this section are subject to the provisions of ORS 802.220 (Availability of records) and 802.240 (Driver and vehicle records as evidence) relating to the use of such reports after submission. Exemptions from requirements to provide proof of compliance with financial responsibility are established under ORS 806.020 (Exemptions from financial responsibility requirements).

(4)

A driver may be required to file additional accident reports with a city as provided under ORS 801.040 (Authority to adopt special provisions).

(5)

The offense described in this section, driver failure to report an accident, is a Class B traffic violation. [1983 c.338 §577; 1985 c.393 §36; 1993 c.751 §67; 2005 c.195 §1; 2019 c.312 §13]

Notes of Decisions

Under Former Similar Statute

Suspension of operator's license for failure to report accident, based solely on written police report, did not constitute denial of due process, especially where petitioner did not challenge accuracy of report, offer any contrary evidence, or seek subpoena to produce police officer who had authored report. Felling v. Motor Vehicles Division, 30 Or App 479, 567 P2d 581 (1977)

In General

Conviction for offense of driver failure to report accident does not require proof of culpable mental state. Hazen v. DMV, 241 Or App 413, 250 P3d 962 (2011)

Atty. Gen. Opinions

In General

Police officer duty to report intentional line-of-duty collision or other vehicle damage, (2004) No. 8280

Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021