CHAPTER 238

FORMERLY

HOUSE BILL NO. 220

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 42, TITLE 21 OF THE DELAWARE CODE RELATING TO STOPPING AT ACCIDENTS, REPORTS OF ACCIDENTS, PENALTIES, AND INTERPRETATION OF LAWS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 4201, Chapter 42, Title 21, Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

§4201. Duty of driver involved In accident resulting in property damage.

(a) The driver of any vehicle involved in an accident resulting in apparent damage to property shall immediately stop such vehicle at the scene of the accident. If the damage resulting from such accident is to the property of the driver only, with no damage to the person or property of another, the driver need not stay at the scene of the accident but shall immediately make a report of the damage resulting as required by Section 4203 of this Title.

(b) The driver shall give his name, address and the registration number of his vehicle and exhibit his driver's license or other documentation of driving privileges to the owner of the property or the driver or occupants of any vehicle with which his vehicle collides."

Section 2. Amend Section 4203, Chapter 42, Title 21, Delaware Code by striking said Section In its entirety and substituting in lieu there of the following:

§4203. Duty to report accidents; evidence.

(a) After complying with the requirements of Sections 4201 and 4202 of this

Title, the driver of any vehicle involved in the following described vehicular accidents shall immediately report such accident to the police agency which has primary jurisdictional responsibility for the location In which the accident occurred:

(1) when the accident results in Injury or death to any person; or

(2) when the accident occurs on a public highway and results in property damage to an apparent extent of $500 or more; or

(3) when it appears that any accident involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

(b) When an accident results In property damage only to an apparent extent of less than 5500, the driver may report such accident to the appropriate police agency as described in (a), after complying with Section 4201 of this Title.

(c) Police agencies may investigate any accident which occurs within that agency's jurisdiction.

(d) Police agencies shall investigate and complete the State of Delaware

Uniform Traffic Collision Report supplied by the Delaware Department of Public Safety on all reported accidents involving, an impaired driver, apparent property

damage to the extent of 5500 or more, personal injury or death to a person, when such accidents occur within that agency's jurisdiction.

(a) The Department of Public Safety may require drivers involved in accidents, or police departments, to file supplemental reports of accidents upon forms furnished by it whenever the original report Is insufficient In the opinion of the Department of Public Safety. Such reports shall be without prejudice, shall be for the information of the Department of Public Safety and shall not be open to public inspection. The fact that such reports have been so made shall be admissible In evidence solely to prove a compliance with this Section but no report or any pact thereof or statement contained therein shall be admissible In evidence for any other purpose In any trial, civil or criminal, arising out of such accidents "

Approved April 25, 1988