1. (1) A person commits the offense of failure of a vehicle occupant to make a collision report if:

   1. (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in a collision required to be reported to a police officer or a law enforcement agency under ORS 811.745;
   2. (b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and
   3. (c) The occupant does not give notice of the collision immediately to a police officer or a law enforcement agency by the quickest means available.

2. (2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make a collision report if:

   1. (a) The collision required to be reported under ORS 811.745 results in a serious injury or death; and
   2. (b) The person gives notice of the collision immediately to the emergency communications system by the quickest means available.
3. (3) The offense described in this section, failure of a vehicle occupant to make a collision report, is a Class A traffic violation.

Note: See note under 811.745.

[2009 c.490 §5; 2015 c.247 §40; 2024 c.63 §23]