BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1413
SENATOR TOM TORLAKSON, CHAIRMAN AUTHOR: Devore
VERSION: 2/22/05
Analysis by: Randall Henry
FISCAL:yes
SUBJECT:
Traffic accident notification.
DESCRIPTION:
This bill would eliminate the requirement that a motorist
involved in an accident resulting only in property damage notify
the appropriate law enforcement agency of the accident.
ANALYSIS:
Existing law:
Requires the driver of a vehicle involved in an accident
resulting only in damage to property to immediately leave
in a conspicuous place on the vehicle or other property
that is damaged a written notice giving the name and
address of the driver and the vehicle owner involved and a
statement of circumstances regarding the accident.
Notify immediately the appropriate local law enforcement
agency.
This bill would eliminate the requirement that the local law
enforcement agency be notified.
BACKGROUND:
Vehicle Code Sec. 20002, "Permissible Action: Duty Where
Property Damage," requires the driver of a vehicle involved in
an accident that results in only property damage to immediately
stop the vehicle in a safe place and do either of the following:
Present, upon being requested, his or her driver's
license and vehicle registration to the other driver,
property owner, or person in charge of that property.
Leave "in a conspicuous place on the vehicle or
AB 1413 (DEVORE) Page 2
other property damaged a written notice giving the name
and address of the driver and of the owner of the
vehicle involved and a statement of the circumstances
thereof and shall without unnecessary delay notify the
police department of the city wherein the collision
occurred or, if the collision occurred in unincorporated
territory, the local headquarters of the California
Highway Patrol ."
A failure to comply with any of these requirements is a
misdemeanor violation, punishable by imprisonment in the county
jail for a period not exceeding six months, or by a fine not
exceeding $1,000, or both.
The requirement that the appropriate law enforcement agency be
contacted was added in 1959, and the purpose of this provision
was to enable the person that had suffered the property damage
to identify the person that had caused the damage if the
required written notice had been dislodged and lost. This
requirement also protects the at-fault motorist from being
charged with a violation if the written notice is lost and never
discovered by the damaged party.
COMMENTS:
1. Purpose of the bill . The author argues that the
requirement that a motorist notify the local law
enforcement agency of a property damage-only accident is
unnecessary and should not be required if the other
notification requirements are in place. He further asserts
that most motorists are not even aware of the law
enforcement notification requirement and many law
enforcement agencies no longer routinely enforce this
provision.
2. Property damage accidents . According to the California
Highway Patrol, there were 330,055 property damage
accidents in 2003 in the state, and approximately 25
percent of those accidents involved the responsible party
leaving the scene of the accident without completing the
required notification.
3. Policy questions .
Should the law require more than a note left
at an accident scene involving property damage,
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particularly where significant damage is involved?
What evidence is there that the current
notification requirement to a law enforcement agency
is "an unnecessary burden on motorists"? What
justification has the author presented that this
change is warranted?
Do the reports serve as a needed evidentiary
backup if the written notice is lost?
Do the reports serve as possible investigation
tools for law enforcement agencies?
Do the reports sometime result in the
initiation of needed expeditious repair of damaged
property, such as a freeway emergency callbox or a
fence enclosing livestock or other animals?
Assembly Votes:
Floor: 66-4
Appr: 18-0
Trans: 9-2
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 1, 2005.)
SUPPORT: None received.
OPPOSED: None received.