Bill Text: MN SF1246 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Motor vehicle collisions driver must stop requirements clarification and terminology change
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 186 05/01/14 [SF1246 Detail]
Download: Minnesota-2013-SF1246-Engrossed.html
1.2relating to public safety; traffic regulations; clarifying requirements pertaining to
1.3collisions; making a terminology change;amending Minnesota Statutes 2012,
1.4sections 169.09; 609.21, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.09, is amended to read:
1.7169.09 ACCIDENTS.
1.8 Subdivision 1. Driver to stop foraccident collision; injury or death with
1.9individual. The driver of any motor vehicle involved in an accident resulting in
1.10immediately demonstrable bodily injury to or death of any individual a collision shall
1.11immediately stop the vehicle at the scene of theaccident collision, or as close to the scene
1.12as possiblebut shall then return to, and reasonably investigate what was struck. If the
1.13driver knows or has reason to know the collision resulted in injury to or death of another,
1.14the driver in every event shall remain at the scene of theaccident, collision until the driver
1.15has fulfilled the requirements of this section as to the giving of information. The stop must
1.16be made without unnecessarily obstructing traffic.
1.17 Subd. 2. Driver to stop foraccident to property collision; attended vehicle. The
1.18driver of any motor vehicle involved inan accident to a vehicle driven or attended by any
1.19individual a collision shall immediately stop the motor vehicle at the scene of the accident
1.20 collision, or as close to theaccident collision as possible but shall forthwith return to, and
1.21 reasonably investigate what was struck. If the driver knows or has reason to know the
1.22collision involves damage to a vehicle driven or attended by another, the driver in every
1.23event shall remain at the scene of theaccident, collision until the driver has fulfilled
2.1the requirements of this section as to the giving of information. The stop must be made
2.2without unnecessarily obstructing traffic.
2.3 Subd. 3. Driver to give information. (a) The driver of any motor vehicle involved
2.4inan accident resulting a collision the driver knows or has reason to know results in bodily
2.5injury to or death ofany individual another, or damage to any vehicle driven or attended by
2.6any individual another, shall stop and give the driver's name, address, and date of birth and
2.7the registration plate number of the vehicle being driven. The driver shall, upon request
2.8and if available, exhibit the driver's license or permit to drive to the individual struck or
2.9the driver or occupant of or individual attending any vehicle collided with. The driver also
2.10shall give the information and upon request exhibit the license or permit to any peace officer
2.11at the scene of theaccident collision or who is investigating the accident collision. The
2.12driver shall render reasonable assistance to any individual injured in theaccident collision.
2.13(b) If not given at the scene of theaccident collision, the driver, within 72 hours after
2.14the accident, shall give, on request to any individual involved in theaccident collision or
2.15to a peace officer investigating theaccident collision, the name and address of the insurer
2.16providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
2.17 Subd. 4.Collision with Driver to stop for collision; unattended vehicle. The
2.18driver of any motor vehiclethat collides with and damages any vehicle that is unattended
2.19 involved in a collision shall immediately stop the vehicle at the scene of the collision, or
2.20as close to the scene as possible, and reasonably investigate what was struck. If the driver
2.21knows or has reason to know the collision resulted in damage to any unattended vehicle,
2.22the driver must either locate and notify the driver or owner of the vehicle of the name and
2.23address of the driver and registered owner of the vehicle striking the unattended vehicle,
2.24shall report this same information to a peace officer, or shall leave in a conspicuous place
2.25in or secured to the vehicle struck, a written notice giving the name and address of the
2.26driver and of the registered owner of the vehicle doing the striking. The stop must be made
2.27without unnecessarily obstructing traffic.
2.28 Subd. 5. Notify owner of damaged property. If the driver of any vehicle involved
2.29inan accident resulting a collision knows or has reason to know the collision resulted
2.30 only in damage to fixtures legally upon or adjacent to a highway, the driver shall take
2.31reasonable steps to locate and notify the owner or person in charge of the property of that
2.32fact, of the driver's name and address, and of the registration plate number of the vehicle
2.33being driven and shall, upon request and if available, exhibit the driver's license, and make
2.34an accident reportreport of the accident in every case. The report must be made in the
2.35same manner as a report made pursuant to subdivision 7.
3.1 Subd. 5a. Driver deemed agent of owner. Whenever any motor vehicle shall be
3.2operated within this state, by any person other than the owner, with the consent of the
3.3owner, express or implied, the operator thereof shall in case of accident, be deemed the
3.4agent of the owner of such motor vehicle in the operation thereof.
3.5 Subd. 6. Notice of personal injury. The driver of a vehicle involved inan accident
3.6 a collision resulting in bodily injury to or death ofany individual another shall, after
3.7compliance with this section and by the quickest means of communication, give notice of
3.8theaccident collision to the local police department if the accident collision occurs within
3.9a municipality, to a State Patrol officer if theaccident collision occurs on a trunk highway,
3.10or to the office of the sheriff of the county.
3.11 Subd. 7. Accident report to commissioner. (a) The driver of a vehicle involved in
3.12an accident resulting in bodily injury to or death of any individual or total property damage
3.13to an apparent extent of $1,000 or more, shall forward a written report of the accident to
3.14the commissioner of public safety within ten days of the accident. On the required report,
3.15the driver shall provide the commissioner with the name and policy number of the insurer
3.16providing vehicle liability insurance coverage at the time of the accident.
3.17(b) On determining that the original report of any driver of a vehicle involved in
3.18an accident of which report must be made as provided in this section is insufficient, the
3.19commissioner of public safety may require the driver to file supplementary information.
3.20 Subd. 8. Officer to report accident to commissioner. A peace officer who, in the
3.21regular course of duty, investigates an accident that must be reported under this section
3.22shall, within ten days after the date of the accident, forward an electronic or written report
3.23of the accident as prescribed by the commissioner of public safety.
3.24 Subd. 9. Accident report format. The commissioner of public safety shall
3.25prescribe the format for the accident reports required under this section. Upon request the
3.26commissioner shall make available the format to police departments, coroners, sheriffs,
3.27garages, and other suitable agencies or individuals. The electronic or written report to be
3.28completed by individuals involved in accidents and by investigating peace officers must
3.29disclose the causes, existing conditions, and the individuals and vehicles involved.
3.30 Subd. 11. Coroner to report death. Every coroner or other official performing
3.31like functions shall report in writing to the commissioner of public safety the death of
3.32any individual within the coroner's jurisdiction as the result of an accident involving a
3.33vehicle and the circumstances of the accident. The report must be made within 15 days
3.34after the death.
3.35In the case of drivers killed in vehicle accidents and of the death of pedestrians 16
3.36years of age or older, who die within four hours after an accident, the coroner or other
4.1official performing like functions shall examine the body and shall make tests as are
4.2necessary to determine the presence and percentage concentration of alcohol, and drugs
4.3if feasible, in the blood of the victim. This information must be included in each report
4.4submitted pursuant to the provisions of this subdivision and shall be tabulated on a
4.5monthly basis by the commissioner of public safety. This information may be used only
4.6for statistical purposes that do not reveal the identity of the deceased.
4.7 Subd. 12. Garage to report bullet damage. The individual in charge of any
4.8garage or repair shop to which is brought any vehicle that shows evidence of having
4.9been struck by any bullet shall immediately report to the local police or sheriff and to
4.10the commissioner of public safety within 24 hours after the vehicle is received, giving
4.11the engine number if any, registration plate number, and the name and address of the
4.12registered owner or operator of the vehicle.
4.13 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
4.14reports and supplemental information required under this section must be for the use of the
4.15commissioner of public safety and other appropriate state, federal, county, and municipal
4.16governmental agencies for accident analysis purposes, except:
4.17(1) upon written request, the commissioner of public safety or any law enforcement
4.18agency shall disclose the report required under subdivision 8 to:
4.19(i) any individual involved in the accident, the representative of the individual's
4.20estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
4.21under section573.02 ;
4.22(ii) any other person injured in person, property, or means of support, or who incurs
4.23other pecuniary loss by virtue of the accident;
4.24(iii) legal counsel of a person described in item (i) or (ii); or
4.25(iv) a representative of the insurer of any person described in item (i) or (ii);
4.26(2) the commissioner of public safety shall, upon written request, provide the driver
4.27filing a report under subdivision 7 with a copy of the report filed by the driver;
4.28(3) the commissioner of public safety may verify with insurance companies vehicle
4.29insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
169.797 ;
4.30(4) the commissioner of public safety shall provide the commissioner of
4.31transportation the information obtained for each traffic accident involving a commercial
4.32motor vehicle, for purposes of administering commercial vehicle safety regulations;
4.33(5) upon specific request, the commissioner of public safety shall provide the
4.34commissioner of transportation the information obtained regarding each traffic accident
4.35involving damage to identified state-owned infrastructure, for purposes of debt collection
4.36under section161.20, subdivision 4 ; and
5.1(6) the commissioner of public safety may give to the United States Department of
5.2Transportation commercial vehicle accident information in connection with federal grant
5.3programs relating to safety.
5.4(b) Accident reports and data contained in the reports are not discoverable under any
5.5provision of law or rule of court. No report shall be used as evidence in any trial, civil or
5.6criminal, or any action for damages or criminal proceedings arising out of an accident.
5.7However, the commissioner of public safety shall furnish, upon the demand of any person
5.8who has or claims to have made a report or upon demand of any court, a certificate
5.9showing that a specified accident report has or has not been made to the commissioner
5.10solely to prove compliance or failure to comply with the requirements that the report be
5.11made to the commissioner.
5.12(c) Nothing in this subdivision prevents any individual who has made a report under
5.13this section from providing information to any individuals involved in an accident or their
5.14representatives or from testifying in any trial, civil or criminal, arising out of an accident,
5.15as to facts within the individual's knowledge. It is intended by this subdivision to render
5.16privileged the reports required, but it is not intended to prohibit proof of the facts to
5.17which the reports relate.
5.18(d) Disclosing any information contained in any accident report, except as provided
5.19in this subdivision, section13.82 , subdivision 3 or 6, or other statutes, is a misdemeanor.
5.20(e) The commissioner of public safety shall charge authorized persons as described
5.21in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
5.22collected under this paragraph must be deposited in the special revenue fund and credited
5.23to the driver services operating account established in section299A.705 and ten percent
5.24must be deposited in the general fund. The commissioner may also furnish an electronic
5.25copy of the database of accident records, which must not contain personal or private data
5.26on an individual, to private agencies as provided in paragraph (g), for not less than the cost
5.27of preparing the copies on a bulk basis as provided in section13.03, subdivision 3 .
5.28(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
5.29enforcement agencies shall charge commercial users who request access to response or
5.30incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
5.31user" is a user who in one location requests access to data in more than five accident
5.32reports per month, unless the user establishes that access is not for a commercial purpose.
5.33Of the money collected by the commissioner under this paragraph, 90 percent must be
5.34deposited in the special revenue fund and credited to the driver services operating account
5.35established in section299A.705 and ten percent must be deposited in the general fund.
6.1(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
6.2provide an electronic copy of the accident records database to the public on a case-by-case
6.3basis using the cost-recovery charges provided for under section13.03, subdivision
6.43 . The database provided must not contain personal or private data on an individual.
6.5However, unless the accident records database includes the vehicle identification number,
6.6the commissioner shall include the vehicle registration plate number if a private agency
6.7certifies and agrees that the agency:
6.8(1) is in the business of collecting accident and damage information on vehicles;
6.9(2) will use the vehicle registration plate number only for identifying vehicles that
6.10have been involved in accidents or damaged, to provide this information to persons seeking
6.11access to a vehicle's history and not for identifying individuals or for any other purpose; and
6.12(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
6.13 Subd. 14. Penalties. (a) The driver of any vehicle who violates subdivision 1 or 6
6.14and who did not cause theaccident collision is punishable as follows:
6.15(1) if theaccident collision results in the death of any individual another, the driver
6.16is guilty of a felony and may be sentenced to imprisonment for not more than three years,
6.17or to payment of a fine of not more than $5,000, or both;
6.18(2) if theaccident collision results in great bodily harm to any individual another,
6.19as defined in section609.02, subdivision 8 , the driver is guilty of a felony and may be
6.20sentenced to imprisonment for not more than two years, or to payment of a fine of not
6.21more than $4,000, or both; or
6.22(3) if theaccident collision results in substantial bodily harm to any individual
6.23 another, as defined in section609.02, subdivision 7a , the driver may be sentenced to
6.24imprisonment for not more than one year, or to payment of a fine of not more than $3,000,
6.25or both.
6.26(b) The driver of any vehicle involved inan accident a collision not resulting in
6.27substantial bodily harm to another or death who violates subdivision 1 or 6 may be
6.28sentenced to imprisonment for not more than one year, or to payment of a fine of not
6.29more than $3,000, or both.
6.30(c) Any person who violates subdivision2, 3, 4, 5, 7, 8, 11, or 12 is guilty of a
6.31misdemeanor.
6.32(d) The driver of any vehicle involved in a collision resulting in damage to an
6.33attended vehicle who violates subdivision 2 is guilty of a misdemeanor.
6.34(e) The driver of any vehicle involved in a collision resulting in damage to an
6.35unattended vehicle who violates subdivision 4 is guilty of a misdemeanor.
7.1(d) (f) The attorney in the jurisdiction in which the violation occurred who is
7.2responsible for prosecution of misdemeanor violations of this section shall also be
7.3responsible for prosecution of gross misdemeanor violations of this section.
7.4 Subd. 14a. Suspension of license for failure to report accident. The commissioner
7.5may suspend the license, or any nonresident's operating privilege, of any person who
7.6willfully fails, refuses, or neglects to make report of a traffic accident as required by
7.7the laws of this state. A license suspension under this section is subject to the notice
7.8requirements of section171.18, subdivision 2 .
7.9 Subd. 15. Defense. It is an affirmative defense to prosecution under subdivisions
7.101, 2, and 6 that the driver left the scene of theaccident collision to take any individual
7.11suffering immediately demonstrable bodily injury in theaccident collision to receive
7.12emergency medical care if the driver of the involved vehicle gives notice to a law
7.13enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
7.14emergency medical care has been undertaken.
7.15 Subd. 16. Commissioner as agent for service of process. The use and operation by
7.16a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
7.17of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment by
7.18the resident if absent from this state continuously for six months or more following an
7.19accident, or by the nonresident at any time, of the commissioner of public safety to be the
7.20resident's or nonresident's true and lawful attorney upon whom may be served all legal
7.21process in any action or proceeding against the resident or nonresident or the executor,
7.22administrator, or personal representative of the resident or nonresident growing out of
7.23the use and operation of a motor vehicle within this state, resulting in damages or loss
7.24to person or property, whether the damage or loss occurs on a highway or on abutting
7.25public or private property. This appointment is binding upon the nonresident's executor,
7.26administrator, or personal representative. The use or operation of a motor vehicle by the
7.27resident or nonresident is a signification of agreement that any process in any action
7.28against the resident or nonresident or executor, administrator, or personal representative
7.29of the resident or nonresident that is so served has the same legal force and validity as if
7.30served upon the resident or nonresident personally or on the executor, administrator, or
7.31personal representative of the resident or nonresident. Service of process must be made by
7.32serving a copy thereof upon the commissioner or by filing a copy in the commissioner's
7.33office, together with payment of a fee of $20, and is deemed sufficient service upon the
7.34absent resident or the nonresident or the executor, administrator, or personal representative
7.35of the resident or nonresident; provided that notice of service and a copy of the process
7.36are sent by mail by the plaintiff within ten days to the defendant at the defendant's last
8.1known address and that the plaintiff's affidavit of compliance with the provisions of this
8.2chapter is attached to the summons.
8.3 Subd. 17. Information access by vehicle owners. If an accident report has been
8.4prepared by a person involved in an accident and no report has been prepared by a law
8.5enforcement officer, the owners of the vehicles involved in an accident shall have the same
8.6access to information maintained by the Department of Public Safety, Driver and Vehicle
8.7Services Division, about the vehicles, their owners, and their drivers that would have been
8.8available to a law enforcement officer reporting on the accident.
8.9 Subd. 18. Continuance of court proceeding; costs. The court in which the
8.10action is pending may order a continuance as may be necessary to afford the defendant
8.11reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
8.12of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
8.13time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
8.14prevails in the suit. The commissioner shall keep a record of all processes so served,
8.15which must show the day and hour of service.
8.16 Subd. 19. Terminology. The provisions of this section apply equally whether
8.17the term "accident" or "collision" is used.
8.18 Sec. 2. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
8.19 Subdivision 1. Criminal vehicular homicide or operation; crime described. A
8.20person is guilty of criminal vehicular homicide or operation and may be sentenced as
8.21provided in subdivision 1a, if the person causes injury to or the death of another as a
8.22result of operating a motor vehicle:
8.23 (1) in a grossly negligent manner;
8.24 (2) in a negligent manner while under the influence of:
8.25 (i) alcohol;
8.26 (ii) a controlled substance; or
8.27 (iii) any combination of those elements;
8.28 (3) while having an alcohol concentration of 0.08 or more;
8.29 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.30two hours of the time of driving;
8.31 (5) in a negligent manner while knowingly under the influence of a hazardous
8.32substance;
8.33 (6) in a negligent manner while any amount of a controlled substance listed in
8.34Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
8.35present in the person's body;
9.1 (7) where the driver who causes theaccident collision leaves the scene of the
9.2accident collision in violation of section
169.09, subdivision 1 or 6; or
9.3 (8) where the driver had actual knowledge that a peace officer had previously issued
9.4a citation or warning that the motor vehicle was defectively maintained, the driver had
9.5actual knowledge that remedial action was not taken, the driver had reason to know that
9.6the defect created a present danger to others, and the injury or death was caused by the
9.7defective maintenance.
1.3collisions; making a terminology change;amending Minnesota Statutes 2012,
1.4sections 169.09; 609.21, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.09, is amended to read:
1.7169.09 ACCIDENTS.
1.8 Subdivision 1. Driver to stop for
1.9
1.10
1.11immediately stop the vehicle at the scene of the
1.12as possible
1.13driver knows or has reason to know the collision resulted in injury to or death of another,
1.14the driver in every event shall remain at the scene of the
1.15has fulfilled the requirements of this section as to the giving of information. The stop must
1.16be made without unnecessarily obstructing traffic.
1.17 Subd. 2. Driver to stop for
1.18driver of any motor vehicle involved in
1.19
1.20 collision, or as close to the
1.21 reasonably investigate what was struck. If the driver knows or has reason to know the
1.22collision involves damage to a vehicle driven or attended by another, the driver in every
1.23event shall remain at the scene of the
2.1the requirements of this section as to the giving of information. The stop must be made
2.2without unnecessarily obstructing traffic.
2.3 Subd. 3. Driver to give information. (a) The driver of any motor vehicle involved
2.4in
2.5injury to or death of
2.6
2.7the registration plate number of the vehicle being driven. The driver shall, upon request
2.8and if available, exhibit the driver's license or permit to drive to the individual struck or
2.9the driver or occupant of or individual attending any vehicle collided with. The driver also
2.10shall give the information and upon request exhibit the license or permit to any peace officer
2.11at the scene of the
2.12driver shall render reasonable assistance to any individual injured in the
2.13(b) If not given at the scene of the
2.14the accident, shall give, on request to any individual involved in the
2.15to a peace officer investigating the
2.16providing vehicle liability insurance coverage, and the local insurance agent for the insurer.
2.17 Subd. 4.
2.18driver of any motor vehicle
2.19 involved in a collision shall immediately stop the vehicle at the scene of the collision, or
2.20as close to the scene as possible, and reasonably investigate what was struck. If the driver
2.21knows or has reason to know the collision resulted in damage to any unattended vehicle,
2.22the driver must either locate and notify the driver or owner of the vehicle of the name and
2.23address of the driver and registered owner of the vehicle striking the unattended vehicle,
2.24
2.25in or secured to the vehicle struck, a written notice giving the name and address of the
2.26driver and of the registered owner of the vehicle doing the striking. The stop must be made
2.27without unnecessarily obstructing traffic.
2.28 Subd. 5. Notify owner of damaged property. If the driver of any vehicle involved
2.29in
2.30 only in damage to fixtures legally upon or adjacent to a highway, the driver shall take
2.31reasonable steps to locate and notify the owner or person in charge of the property of that
2.32fact, of the driver's name and address, and of the registration plate number of the vehicle
2.33being driven and shall, upon request and if available, exhibit the driver's license, and make
2.34an accident report
2.35same manner as a report made pursuant to subdivision 7.
3.1 Subd. 5a. Driver deemed agent of owner. Whenever any motor vehicle shall be
3.2operated within this state, by any person other than the owner, with the consent of the
3.3owner, express or implied, the operator thereof shall in case of accident, be deemed the
3.4agent of the owner of such motor vehicle in the operation thereof.
3.5 Subd. 6. Notice of personal injury. The driver of a vehicle involved in
3.6 a collision resulting in bodily injury to or death of
3.7compliance with this section and by the quickest means of communication, give notice of
3.8the
3.9a municipality, to a State Patrol officer if the
3.10or to the office of the sheriff of the county.
3.11 Subd. 7. Accident report to commissioner. (a) The driver of a vehicle involved in
3.12an accident resulting in bodily injury to or death of any individual or total property damage
3.13to an apparent extent of $1,000 or more, shall forward a written report of the accident to
3.14the commissioner of public safety within ten days of the accident. On the required report,
3.15the driver shall provide the commissioner with the name and policy number of the insurer
3.16providing vehicle liability insurance coverage at the time of the accident.
3.17(b) On determining that the original report of any driver of a vehicle involved in
3.18an accident of which report must be made as provided in this section is insufficient, the
3.19commissioner of public safety may require the driver to file supplementary information.
3.20 Subd. 8. Officer to report accident to commissioner. A peace officer who, in the
3.21regular course of duty, investigates an accident that must be reported under this section
3.22shall, within ten days after the date of the accident, forward an electronic or written report
3.23of the accident as prescribed by the commissioner of public safety.
3.24 Subd. 9. Accident report format. The commissioner of public safety shall
3.25prescribe the format for the accident reports required under this section. Upon request the
3.26commissioner shall make available the format to police departments, coroners, sheriffs,
3.27garages, and other suitable agencies or individuals. The electronic or written report to be
3.28completed by individuals involved in accidents and by investigating peace officers must
3.29disclose the causes, existing conditions, and the individuals and vehicles involved.
3.30 Subd. 11. Coroner to report death. Every coroner or other official performing
3.31like functions shall report in writing to the commissioner of public safety the death of
3.32any individual within the coroner's jurisdiction as the result of an accident involving a
3.33vehicle and the circumstances of the accident. The report must be made within 15 days
3.34after the death.
3.35In the case of drivers killed in vehicle accidents and of the death of pedestrians 16
3.36years of age or older, who die within four hours after an accident, the coroner or other
4.1official performing like functions shall examine the body and shall make tests as are
4.2necessary to determine the presence and percentage concentration of alcohol, and drugs
4.3if feasible, in the blood of the victim. This information must be included in each report
4.4submitted pursuant to the provisions of this subdivision and shall be tabulated on a
4.5monthly basis by the commissioner of public safety. This information may be used only
4.6for statistical purposes that do not reveal the identity of the deceased.
4.7 Subd. 12. Garage to report bullet damage. The individual in charge of any
4.8garage or repair shop to which is brought any vehicle that shows evidence of having
4.9been struck by any bullet shall immediately report to the local police or sheriff and to
4.10the commissioner of public safety within 24 hours after the vehicle is received, giving
4.11the engine number if any, registration plate number, and the name and address of the
4.12registered owner or operator of the vehicle.
4.13 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
4.14reports and supplemental information required under this section must be for the use of the
4.15commissioner of public safety and other appropriate state, federal, county, and municipal
4.16governmental agencies for accident analysis purposes, except:
4.17(1) upon written request, the commissioner of public safety or any law enforcement
4.18agency shall disclose the report required under subdivision 8 to:
4.19(i) any individual involved in the accident, the representative of the individual's
4.20estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
4.21under section
4.22(ii) any other person injured in person, property, or means of support, or who incurs
4.23other pecuniary loss by virtue of the accident;
4.24(iii) legal counsel of a person described in item (i) or (ii); or
4.25(iv) a representative of the insurer of any person described in item (i) or (ii);
4.26(2) the commissioner of public safety shall, upon written request, provide the driver
4.27filing a report under subdivision 7 with a copy of the report filed by the driver;
4.28(3) the commissioner of public safety may verify with insurance companies vehicle
4.29insurance information to enforce sections
4.30(4) the commissioner of public safety shall provide the commissioner of
4.31transportation the information obtained for each traffic accident involving a commercial
4.32motor vehicle, for purposes of administering commercial vehicle safety regulations;
4.33(5) upon specific request, the commissioner of public safety shall provide the
4.34commissioner of transportation the information obtained regarding each traffic accident
4.35involving damage to identified state-owned infrastructure, for purposes of debt collection
4.36under section
5.1(6) the commissioner of public safety may give to the United States Department of
5.2Transportation commercial vehicle accident information in connection with federal grant
5.3programs relating to safety.
5.4(b) Accident reports and data contained in the reports are not discoverable under any
5.5provision of law or rule of court. No report shall be used as evidence in any trial, civil or
5.6criminal, or any action for damages or criminal proceedings arising out of an accident.
5.7However, the commissioner of public safety shall furnish, upon the demand of any person
5.8who has or claims to have made a report or upon demand of any court, a certificate
5.9showing that a specified accident report has or has not been made to the commissioner
5.10solely to prove compliance or failure to comply with the requirements that the report be
5.11made to the commissioner.
5.12(c) Nothing in this subdivision prevents any individual who has made a report under
5.13this section from providing information to any individuals involved in an accident or their
5.14representatives or from testifying in any trial, civil or criminal, arising out of an accident,
5.15as to facts within the individual's knowledge. It is intended by this subdivision to render
5.16privileged the reports required, but it is not intended to prohibit proof of the facts to
5.17which the reports relate.
5.18(d) Disclosing any information contained in any accident report, except as provided
5.19in this subdivision, section
5.20(e) The commissioner of public safety shall charge authorized persons as described
5.21in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
5.22collected under this paragraph must be deposited in the special revenue fund and credited
5.23to the driver services operating account established in section
5.24must be deposited in the general fund. The commissioner may also furnish an electronic
5.25copy of the database of accident records, which must not contain personal or private data
5.26on an individual, to private agencies as provided in paragraph (g), for not less than the cost
5.27of preparing the copies on a bulk basis as provided in section
5.28(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
5.29enforcement agencies shall charge commercial users who request access to response or
5.30incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
5.31user" is a user who in one location requests access to data in more than five accident
5.32reports per month, unless the user establishes that access is not for a commercial purpose.
5.33Of the money collected by the commissioner under this paragraph, 90 percent must be
5.34deposited in the special revenue fund and credited to the driver services operating account
5.35established in section
6.1(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
6.2provide an electronic copy of the accident records database to the public on a case-by-case
6.3basis using the cost-recovery charges provided for under section
6.43
6.5However, unless the accident records database includes the vehicle identification number,
6.6the commissioner shall include the vehicle registration plate number if a private agency
6.7certifies and agrees that the agency:
6.8(1) is in the business of collecting accident and damage information on vehicles;
6.9(2) will use the vehicle registration plate number only for identifying vehicles that
6.10have been involved in accidents or damaged, to provide this information to persons seeking
6.11access to a vehicle's history and not for identifying individuals or for any other purpose; and
6.12(3) will be subject to the penalties and remedies under sections
6.13 Subd. 14. Penalties. (a) The driver of any vehicle who violates subdivision 1 or 6
6.14and who did not cause the
6.15(1) if the
6.16is guilty of a felony and may be sentenced to imprisonment for not more than three years,
6.17or to payment of a fine of not more than $5,000, or both;
6.18(2) if the
6.19as defined in section
6.20sentenced to imprisonment for not more than two years, or to payment of a fine of not
6.21more than $4,000, or both; or
6.22(3) if the
6.23 another, as defined in section
6.24imprisonment for not more than one year, or to payment of a fine of not more than $3,000,
6.25or both.
6.26(b) The driver of any vehicle involved in
6.27
6.28sentenced to imprisonment for not more than one year, or to payment of a fine of not
6.29more than $3,000, or both.
6.30(c) Any person who violates subdivision
6.31misdemeanor.
6.32(d) The driver of any vehicle involved in a collision resulting in damage to an
6.33attended vehicle who violates subdivision 2 is guilty of a misdemeanor.
6.34(e) The driver of any vehicle involved in a collision resulting in damage to an
6.35unattended vehicle who violates subdivision 4 is guilty of a misdemeanor.
7.1
7.2responsible for prosecution of misdemeanor violations of this section shall also be
7.3responsible for prosecution of gross misdemeanor violations of this section.
7.4 Subd. 14a. Suspension of license for failure to report accident. The commissioner
7.5may suspend the license, or any nonresident's operating privilege, of any person who
7.6willfully fails, refuses, or neglects to make report of a traffic accident as required by
7.7the laws of this state. A license suspension under this section is subject to the notice
7.8requirements of section
7.9 Subd. 15. Defense. It is an affirmative defense to prosecution under subdivisions
7.101, 2, and 6 that the driver left the scene of the
7.11suffering immediately demonstrable bodily injury in the
7.12emergency medical care if the driver of the involved vehicle gives notice to a law
7.13enforcement agency as required by subdivision 6 as soon as reasonably feasible after the
7.14emergency medical care has been undertaken.
7.15 Subd. 16. Commissioner as agent for service of process. The use and operation by
7.16a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent,
7.17of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment by
7.18the resident if absent from this state continuously for six months or more following an
7.19accident, or by the nonresident at any time, of the commissioner of public safety to be the
7.20resident's or nonresident's true and lawful attorney upon whom may be served all legal
7.21process in any action or proceeding against the resident or nonresident or the executor,
7.22administrator, or personal representative of the resident or nonresident growing out of
7.23the use and operation of a motor vehicle within this state, resulting in damages or loss
7.24to person or property, whether the damage or loss occurs on a highway or on abutting
7.25public or private property. This appointment is binding upon the nonresident's executor,
7.26administrator, or personal representative. The use or operation of a motor vehicle by the
7.27resident or nonresident is a signification of agreement that any process in any action
7.28against the resident or nonresident or executor, administrator, or personal representative
7.29of the resident or nonresident that is so served has the same legal force and validity as if
7.30served upon the resident or nonresident personally or on the executor, administrator, or
7.31personal representative of the resident or nonresident. Service of process must be made by
7.32serving a copy thereof upon the commissioner or by filing a copy in the commissioner's
7.33office, together with payment of a fee of $20, and is deemed sufficient service upon the
7.34absent resident or the nonresident or the executor, administrator, or personal representative
7.35of the resident or nonresident; provided that notice of service and a copy of the process
7.36are sent by mail by the plaintiff within ten days to the defendant at the defendant's last
8.1known address and that the plaintiff's affidavit of compliance with the provisions of this
8.2chapter is attached to the summons.
8.3 Subd. 17. Information access by vehicle owners. If an accident report has been
8.4prepared by a person involved in an accident and no report has been prepared by a law
8.5enforcement officer, the owners of the vehicles involved in an accident shall have the same
8.6access to information maintained by the Department of Public Safety, Driver and Vehicle
8.7Services Division, about the vehicles, their owners, and their drivers that would have been
8.8available to a law enforcement officer reporting on the accident.
8.9 Subd. 18. Continuance of court proceeding; costs. The court in which the
8.10action is pending may order a continuance as may be necessary to afford the defendant
8.11reasonable opportunity to defend the action, not exceeding 90 days from the date of filing
8.12of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the
8.13time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff
8.14prevails in the suit. The commissioner shall keep a record of all processes so served,
8.15which must show the day and hour of service.
8.16 Subd. 19. Terminology. The provisions of this section apply equally whether
8.17the term "accident" or "collision" is used.
8.18 Sec. 2. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
8.19 Subdivision 1. Criminal vehicular homicide or operation; crime described. A
8.20person is guilty of criminal vehicular homicide or operation and may be sentenced as
8.21provided in subdivision 1a, if the person causes injury to or the death of another as a
8.22result of operating a motor vehicle:
8.23 (1) in a grossly negligent manner;
8.24 (2) in a negligent manner while under the influence of:
8.25 (i) alcohol;
8.26 (ii) a controlled substance; or
8.27 (iii) any combination of those elements;
8.28 (3) while having an alcohol concentration of 0.08 or more;
8.29 (4) while having an alcohol concentration of 0.08 or more, as measured within
8.30two hours of the time of driving;
8.31 (5) in a negligent manner while knowingly under the influence of a hazardous
8.32substance;
8.33 (6) in a negligent manner while any amount of a controlled substance listed in
8.34Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is
8.35present in the person's body;
9.1 (7) where the driver who causes the
9.2
9.3 (8) where the driver had actual knowledge that a peace officer had previously issued
9.4a citation or warning that the motor vehicle was defectively maintained, the driver had
9.5actual knowledge that remedial action was not taken, the driver had reason to know that
9.6the defect created a present danger to others, and the injury or death was caused by the
9.7defective maintenance.
