HOUSE BILL NO. 2256

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Patron Prior to Substitute—Delegate Maldonado)

A BILL to amend and reenact § 46.2-373 of the Code of Virginia, relating to report of motor vehicle collision; damage threshold.

on ________________)

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-373 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-373. Report by law-enforcement officer investigating collision.

A. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident collision resulting in injury to or death of any person or total property damage to an apparent extent of $1,500 $3,000 or more, either at the time of and at the scene of the accident collision or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty-four 24 hours after completing the investigation, forward a written report of the accident collision to the Department. The investigating law-enforcement officer shall ask any driver involved in the collision about such driver's mobile phone usage leading up to and at the time of the collision and whether such driver uses an insurance or other telematics application to monitor driving. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved in the accident collision and if the driver of any vehicle involved in the collision uses an application to monitor driving through such insurance carrier. A law-enforcement agency may utilize a contracted service provider to forward reports electronically to the Department in compliance with this section and to manage or disseminate copies of such reports to persons identified in, and in a manner consistent with, § 46.2-380, provided such contracted service provider complies with the requirements applicable to an agency in Chapter 38 (§ 2.2-3800 et seq.) of Title 2.2.

B. Any collision report filed pursuant to subsection A of this section shall include information as to (i) the speed of each vehicle involved in the accident and collision, (ii) the type of vehicles involved in all accidents collisions between passenger vehicles and vehicles or combinations of vehicles used to transport property, and (iii) whether any trucks involved in such accidents collisions were covered or uncovered.

C. The Department shall supply copies of accident collision reports received under this section to the Commissioner of Highways who shall exercise the authority granted to him under §§ 46.2-870 through 46.2-878 to reduce speed limits where accident collision frequency or severity or other factors may indicate the course of action to be warranted.

D. Any collision report filed pursuant to subsection A shall include the mobile telephone number and name of the mobile telephone provider of any driver of a vehicle involved in the collision, and the International Mobile Equipment Identity (IMEI) number. The report shall include whether such driver refused to provide the mobile telephone number, provider, or IMEI number. The IMEI number shall be redacted on any copy of a collision report unless such copy is given to a driver identified in such report or an attorney representing a driver identified in such report.