2015 ORS 811.725¹
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, certify 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 certification 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 certify 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]

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)


1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.