Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Requires that certain information be redacted from motor vehicle accident reports submitted to the public.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle accident reports and amending R.S.39:4-131.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-131 is amended to read as follows:
39:4-131. a. The commission shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved, the compliance with P.L.1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles involved in the accident, whether the operator of the vehicle was using a cellular telephone when the accident occurred, and such other information as the chief administrator may require.
Every law enforcement officer who investigates a vehicle accident of which report must be made as required in this Title, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the commission, on forms furnished by it, within five days after his investigation of the accident.
Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the reports at the same fee established by section 6 of P.L.2001, c.404 (C.47:1A-5). If copies of reports are requested other than in person, an additional fee of up to $5.00 may be added to cover the administrative costs of the report. Upon request, a police department shall send an accident report to a person through the mail or via fax [as defined in section 2 of P.L.1976, c.23 (C.19:59-2)]. The police department may require the person requesting the report to provide a completed request form and the appropriate fee prior to faxing or mailing the report. The police department shall provide the person requesting the report with the option of submitting the form and providing the appropriate fee either in person, through the mail, or via fax [as defined in section 2 of P.L.1976, c.23 (C.19:59-2)].
The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this act shall not be subject to confidentiality requirements except:
(1) as provided by section 28 of P.L.1960, c.52 (C.2A:84A-28); and
(2) that the name, date of birth, and driver's license number of any vehicle owner, operator, or passenger listed in the accident report shall be redacted in accordance with subsection b. of this section.
When a motor vehicle accident results in the death or incapacitation of the driver or any passenger, the law enforcement officer responsible for notifying the next of kin that their relative is deceased or incapacitated, also shall inform the relative, in writing, how to obtain a copy of the accident report required by this section and the name, address, and telephone number of the person storing the motor vehicle pursuant to section 1 of P.L.1964, c.81 (C.39:10A-1).
b. Any report issued to a citizen pursuant to subsection a. of this section shall have the name, date of birth, and driver's license number of any vehicle owner, operator, or passenger listed in the accident report redacted. Nothing in this section shall be construed to prohibit a law enforcement agency from making information from an accident report available in accordance with the provisions of section 45 of P.L.1998, c.21 (C.17:33A-29) or to require withholding information concerning a criminal investigation which is otherwise required to be made available pursuant to subsection b. of section 3 of P.L.1963, c.73 (C.47:1A-3).
(cf: P.L.2010, c.75, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill restricts access to certain identifying information included in motor vehicle accident reports. Under current law, accident reports are not considered privileged or confidential and every citizen has a right to inspect and copy these reports.
In the interest of protecting privacy, this bill requires that the name, date of birth, and driver's license number of any vehicle owner, operator, or passenger listed in an accident report issued to the public be redacted. Nothing in this bill limits a law enforcement agency's ability to submit accident reports with personal identifying information to investigators employed by insurance companies, or requires a law enforcement agency to withhold information pertaining to a criminal investigation.