05RS SB59

SB59

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SB 59 (BR 321) - G. Tapp

     AN ACT relating to highways.
     Amend KRS 189.580, regarding the duties of individuals involved in traffic accidents, to require drivers in noninjury accidents to stop or move their vehicles off the roadway if possible; allow peace officers or safety officers to remove, with or without the owner's consent, vehicles, cargo, or other property blocking the roadway of an interstate highway, parkway, or ramp; provide exceptions for hazardous materials accidents and delay removal on serious injury accidents until after fire, medical, and police personnel have finished their duties at the accident scene; require vehicle operators involved in injury accidents to notify a law enforcement officer and require officer to file report; provide immunity for peace officers, local governments, and businesses or persons they employ from damage claims arising from the removal of vehicles, cargo, or property; make owner or operator who caused the accident liable for expenses in clearing the roadway; provide immunity for peace officers and local governments from damage claims for failure to exercise clearance authority.

SB 59 - AMENDMENTS


     SCS - Retain the original provisions of SB 59; amend KRS 189.990 to make technical corrections; amend KRS 189.993 to require that no penalty be provided for a person who fails to remove the vehicle from the roadway or in the event the operator of the vehicle fails to report an accident as a result of being incapable.

     HCS - Delete provisions providing for immunity; insert provisions specifying the persons who must report vehicle accidents may report to a public safety answering point or a law enforcement agency; insert provisions specifying that a motor vehicle owner must know of the accident before they must report it; insert provisions specifying that persons required to report must be physically able to do so and must have a functioning communications device before they are required to report; insert provision specifying that police do not have to report to the scene of an accident if only disabled vehicles are involved.

     HFA (1, J. Vincent) - Amend provisions regarding the removal of a vehicle from the roadway by the operator to limit the requirement to an accident occurring on an interstate, highway or parkway, or any on-ramp or off-ramp; amend to require the removal of the vehicle only in an accident not involving death or known or visible injury; require operator of vehicle to give any other person involved in the accident insurance information for the vehicle; delete the requirement that the total number of names of persons involved in the accident is not to exceed five; require that due regard be given to the protection of property removed from the roadway by a peace officer; allow agency removing property from the roadway to intervene in civil action to recover costs; make technical corrections.

     HFA (2, F. Rasche) - Amend provisions regarding the removal of a vehicle from the roadway by the operator to limit the requirement to an accident occurring on an interstate, highway or parkway, or any on-ramp or off-ramp.

     HFA (3, J. Vincent) - Amend provisions regarding the removal of a vehicle from the roadway by the operator to limit the requirement to an accident occurring on an interstate, highway or parkway, or any on-ramp or off-ramp; amend to require the removal of the vehicle only in an accident not involving death or known or visible injury; require operator of vehicle to give any other person involved in the accident insurance information for the vehicle; delete the requirement that the total number of names of persons involved in the accident is not to exceed five; require that due regard be given to the protection of property removed from the roadway by a peace officer; allow agency removing property from the roadway to intervene in civil action to recover costs; make technical corrections.

     HFA (4, R. Wilkey) - Amend provisions regarding the removal of a vehicle from the roadway by the operator to limit the requirement to an accident occurring on an interstate, highway or parkway, or any on-ramp or off-ramp; amend to require the removal of the vehicle only in an accident not involving death or known or visible injury; require operator of vehicle to give any other person involved in the accident insurance information for the vehicle; delete the requirement that the total number of names of persons involved in the accident is not to exceed five; require that due regard be given to the protection of property removed from the roadway by a peace officer; allow agency removing property from the roadway to intervene in civil action to recover costs; make technical corrections.

     Jan 7-introduced in Senate
     Feb 1-to Transportation (S)
     Feb 9-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2005
     Feb 11-3rd reading, passed 24-7 with Committee Substitute
     Feb 14-received in House
     Feb 15-to Judiciary (H)
     Feb 23-posted in committee
     Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 3-2nd reading, to Rules; floor amendments (1) (2) (3) and (4) filed to Committee Substitute


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