GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 912

HOUSE BILL 806

 

AN ACT TO CLARIFY THE DUTY TO STOP IN EVENT OF A MOTOR VEHICLE ACCIDENT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-166 is amended by rewriting subsections (a), (b), and (c) and adding a new subsection (c1) to read:

"(a)      The driver of any vehicle who knows or reasonably should know:

(1)       that the vehicle which he is operating is involved in an accident or collision; and

(2)       that the accident or collision has resulted in injury or death to any person;

shall immediately stop his vehicle at the scene of the accident or collision. He shall remain at the scene of the accident until a law enforcement officer completes his investigation of the accident or collision or authorizes him to leave; provided, however, that he may leave to call for a law enforcement officer or for medical assistance or medical treatment as set forth in (b), but must return to the accident scene within a reasonable period of time. A willful violation of this subsection shall be punished as a Class I felony.

(b)       In addition to complying with the requirement of (a), the driver as set forth in (a) shall give his name, address, driver's license number and the license plate number of his vehicle to the person struck or the driver or occupants of any vehicle collided with, provided that such person or persons are physically and mentally capable of receiving such information, and shall render to any person injured in such accident or collision reasonable assistance, including the calling for medical assistance if it is apparent that such assistance is necessary or is requested by the injured person. Violation of this subsection shall be punished as a misdemeanor.

(c)       The driver of any vehicle, when he knows or reasonably should know that the vehicle which he is operating is involved in an accident or collision, which accident or collision results:

(1)       only in damage to property; or

(2)       in injury or death to any person, but which injury or death was not apparent to the operator of the other vehicle;

shall immediately stop his vehicle at the scene of the accident or collision. Violation of this subsection shall be punished as a misdemeanor.

(c1)     In addition to complying with the requirement of (c), the driver as set forth in (c) shall give his name, address, driver's license number and the license plate number of his vehicle to the driver or occupants of any other vehicle involved in the accident or collision or to any person whose property is damaged in the accident or collision. If the damaged property is a parked and unattended vehicle and the name and location of the owner is not known to or readily ascertainable by the driver of the responsible vehicle, the said driver shall furnish the information required by this subsection to the nearest available peace officer, or, in the alternative, and provided he thereafter within 48 hours fully complies with G.S. 20-166.1(c), shall immediately place a paper-writing containing said information in a conspicuous place upon or in the damaged vehicle. If the damaged property is a guardrail, utility pole, or other fixed object owned by the Department of Transportation, a public utility, or other public service corporation to which report cannot readily be made at the scene, it shall be sufficient if the responsible driver shall furnish the information required to the nearest peace officer or make written report thereof containing said information by U.S. certified mail, return receipt requested, to the North Carolina Division of Motor Vehicles within five days following said collision. Any person violating the provisions of this subsection shall be guilty of a misdemeanor."

Sec. 2.  G.S. 20-182 is repealed.

Sec. 3.  This act shall become effective October 1, 1983.

In the General Assembly read three times and ratified, this the 22nd day of July, 1983.