PRINTER'S NO. 540
No. 513 Session of 2003
INTRODUCED BY GREENLEAF, TOMLINSON, ERICKSON, LEMMOND,
C. WILLIAMS AND RAFFERTY, MARCH 17, 2003
REFERRED TO TRANSPORTATION, MARCH 17, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further establishing a duty to stop vehicles at
3 accident scenes; and providing an exception from the duty for
4 emergency vehicles.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 3742(a), 3743, 3744 and 3745 of Title 75
8 of the Pennsylvania Consolidated Statutes are amended to read:
9 § 3742. Accidents involving death or personal injury.
10 (a) General rule.--[The] Except as provided in section 3757
11 (relating to accidents involving emergency vehicles), the driver
12 of any vehicle involved in an accident resulting in injury or
13 death of any person shall immediately stop the vehicle at the
14 scene of the accident or as close thereto as possible but shall
15 then forthwith return to and in every event shall remain at the
16 scene of the accident until he has fulfilled the requirements of
17 section 3744 (relating to duty to give information and render
18 aid). Every stop shall be made without obstructing traffic more
1 than is necessary.
2 * * *
3 § 3743. Accidents involving damage to attended vehicle or
4 property.
5 (a) General rule.--[The] Except as provided in section 3757
6 (relating to accidents involving emergency vehicles), the driver
7 of any vehicle involved in an accident resulting only in damage
8 to a vehicle or other property which is driven or attended by
9 any person shall immediately stop the vehicle at the scene of
10 the accident or as close thereto as possible but shall forthwith
11 return to and in every event shall remain at the scene of the
12 accident until he has fulfilled the requirements of section 3744
13 (relating to duty to give information and render aid). Every
14 stop shall be made without obstructing traffic more than is
15 necessary.
16 (b) Penalty.--Any person violating this section commits a
17 misdemeanor of the third degree, punishable by a fine of $2,500
18 or imprisonment for not more than one year, or both.
19 § 3744. Duty to give information and render aid.
20 (a) General rule.--[The] Except as provided in section 3757
21 (relating to accidents involving emergency vehicles), the driver
22 of any vehicle involved in an accident resulting in injury to or
23 death of any person or damage to any vehicle or other property
24 which is driven or attended by any person shall give his name,
25 address and the registration number of the vehicle he is
26 driving, and shall upon request exhibit his driver's license and
27 information relating to financial responsibility to any person
28 injured in the accident or to the driver or occupant of or
29 person attending any vehicle or other property damaged in the
30 accident and shall give the information and upon request exhibit
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1 the license and information relating to financial responsibility
2 to any police officer at the scene of the accident or who is
3 investigating the accident and shall render to any person
4 injured in the accident reasonable assistance, including the
5 making of arrangements for the carrying of the injured person to
6 a physician, surgeon or hospital for medical or surgical
7 treatment if it is apparent that treatment is necessary or if
8 requested by the injured person.
9 (b) Report of accident to police.--In the event that none of
10 the persons specified are in condition to receive the
11 information to which they otherwise would be entitled under
12 subsection (a) and no police officer is present, the driver of
13 any vehicle involved in the accident after fulfilling all other
14 requirements of section 3742 (relating to accidents involving
15 death or personal injury) and subsection (a), insofar as
16 possible on his part to be performed, shall forthwith report the
17 accident to the nearest office of a duly authorized police
18 department and submit to the police department the information
19 specified in subsection (a).
20 (c) Duty of occupants if driver disabled.--Whenever the
21 driver of a vehicle is physically unable to give the information
22 or assistance required in this section and there are other
23 occupants in the vehicle at the time of the accident who are
24 physically able to give the information or assistance required
25 in this section, each of the other occupants shall fully reveal
26 the identity of himself and the identity of the driver of the
27 vehicle and of the owner of the vehicle of which they are
28 occupants and shall otherwise perform the duties of the driver
29 as set forth in subsection (a).
30 § 3745. Accidents involving damage to unattended vehicle or
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1 property.
2 (a) General rule.--[The] Except as provided in section 3757
3 (relating to accidents involving emergency vehicles), the driver
4 of any vehicle which collides with or is involved in an accident
5 with any vehicle or other property which is unattended resulting
6 in any damage to the other vehicle or property shall immediately
7 stop the vehicle at the scene of the accident or as close
8 thereto as possible and shall then and there either locate and
9 notify the operator or owner of the damaged vehicle or other
10 property of his name, address, information relating to financial
11 responsibility and the registration number of the vehicle being
12 driven or shall attach securely in a conspicuous place in or on
13 the damaged vehicle or other property a written notice giving
14 his name, address, information relating to financial
15 responsibility and the registration number of the vehicle being
16 driven and shall without unnecessary delay notify the nearest
17 office of a duly authorized police department. Every stop shall
18 be made without obstructing traffic more than is necessary.
19 (b) Penalty.--A violation of this section is a summary
20 offense, punishable by a fine of $300 or imprisonment for not
21 more than 90 days, or both.
22 Section 2. Title 75 is amended by adding a section to read:
23 § 3757. Accidents involving emergency vehicles.
24 (a) General rule.--If an emergency vehicle is involved in an
25 accident when responding to an emergency call, the driver of the
26 emergency vehicle shall comply with the following provisions:
27 Section 3742 (relating to accidents involving death or
28 personal injury).
29 Section 3743 (relating to accidents involving damage to
30 attended vehicle or property).
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1 Section 3744 (relating to duty to give information and
2 render aid).
3 Section 3745 (relating to accidents involving damage to
4 unattended vehicle or property).
5 (b) Exception.--The driver of a fire department vehicle,
6 police department vehicle, ambulance, rescue or emergency
7 medical services vehicle may leave the scene of the accident to
8 respond to the initial emergency or continue to transport a
9 victim of the initial emergency:
10 (1) If that driver determines that it is reasonable and
11 appropriate to do so.
12 (2) When the requirements of sections 3742 through 3745
13 can be fulfilled by:
14 (i) a person acting on behalf of the driver of the
15 vehicle; or
16 (ii) the driver's radio communication with the
17 police, fire, rescue or similar agency which will respond
18 to the accident.
19 (c) Penalty.--A person violating this section commits a
20 misdemeanor of the third degree.
21 Section 3. This act shall take effect in 60 days.
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