Mandatory Reporting of All Traffic Accidents Act
- Mandatory Reporting of All Traffic Accidents Act
- Summary
- Background
- Current Statutory Framework
- Structural Gap in Law
- Identified Public Safety Issue
- Underreporting of Vulnerable Road User Incidents
- Mechanism of Underreporting
- Consequences
- Dillon Rule Analysis
- Application
- Legislative Gap
- Proposed Statutory Approach
- Primary Placement
- Recommended Structure
- Conceptual Draft Language
- Policy Effects
- Current System
- Proposed System
- Interaction with Existing Law
- Policy Rationale
- Conclusion
Summary
This proposed legislation would require that all motor vehicle accidents in the Commonwealth be formally reported and documented by law-enforcement officers, eliminating the concept of “non-reportable” accidents.
The bill would amend Title 46.2 (Motor Vehicles) by creating a new statutory duty requiring law enforcement to file reports for every accident, regardless of:
- Apparent severity
- Visible damage
- Administrative reporting thresholds
Background
Current Statutory Framework
§ 46.2-898, Code of Virginia. “The reports required by §§ 46.2-894 through 46.2-897 are in addition to other accident reports required by this title and shall be made irrespective of the amount of property damage involved.”
- Virginia law imposes broad reporting requirements on drivers.
- These requirements are not limited by damage thresholds.
- However, the Code does not impose a universal duty on law enforcement to generate reports for all accidents.
Structural Gap in Law
No applicable statute or provision was found in the uploaded corpus that mandates law-enforcement officers to generate a report for every accident.
- “Reportable” vs. “non-reportable” classifications are not statutory.
- These distinctions arise from administrative policy and practice.
Identified Public Safety Issue
Underreporting of Vulnerable Road User Incidents
The absence of a statutory reporting mandate creates a significant risk of systematic underreporting, particularly in accidents involving:
- Pedestrians
- Cyclists
- Scooter users (including micromobility devices)
Mechanism of Underreporting
Accidents may be treated as “non-reportable” when:
- The motor vehicle shows minimal or no visible damage; and
- Injuries to non-vehicle participants are:
- Non-visible
- Delayed in onset
- Difficult to assess at the scene
Consequences
- '''Invisible Injury Risk'''
* Pedestrians and cyclists often sustain injuries not immediately observable.
- '''Property Damage Asymmetry'''
* A motor vehicle may appear undamaged while a bicycle or scooter is significantly damaged.
- '''Data Integrity Failures'''
* Undercounting of crashes involving vulnerable road users
* Incomplete statewide safety data
* Impaired infrastructure planning
- '''Legal and Insurance Impacts'''
** Lack of official reports may undermine claims and liability determinations.
Dillon Rule Analysis
§ 1-200, Code of Virginia. “The common law of England… shall continue in full force… except as altered by the General Assembly.”
- Virginia follows the Dillon Rule.
- Government authority must be expressly granted or necessarily implied.
Application
- The Code does not mandate universal accident reporting.
- The Code does not define reporting thresholds.
Therefore:
- The current system exists due to statutory silence.
- Administrative discretion fills this gap.
Legislative Gap
The issue is not permissive statutory language, but absence of statutory direction.
- No statute requires universal law-enforcement reporting.
- No statute prohibits selective reporting.
Therefore:
- The General Assembly must create an affirmative duty.
Proposed Statutory Approach
Primary Placement
- Title 46.2 – Motor Vehicles
- Article governing accident reporting (§§ 46.2-894 through 46.2-899)
Recommended Structure
- Create new section: § 46.2-898.1
Conceptual Draft Language
§ 46.2-898.1. Mandatory reporting of all motor vehicle accidents by law-enforcement officers.
A. Any law-enforcement officer who responds to or investigates a motor vehicle accident occurring within the Commonwealth shall complete and file an official accident report.
B. Such report shall be completed regardless of:
- The amount of property damage;
- Whether injuries are apparent at the scene; or
- Whether any motor vehicle involved appears undamaged.
C. In any accident involving a pedestrian, cyclist, or other non-motorized or micromobility user, a report shall be required notwithstanding the apparent absence of injury or damage.
D. No law-enforcement agency shall adopt or enforce any policy that permits the classification of a motor vehicle accident as non-reportable.
Policy Effects
Current System
- Driver reporting: Broadly mandatory
- LEO reporting: Discretionary (de facto)
Proposed System
- Driver reporting: Unchanged
- LEO reporting: Universally mandatory
Interaction with Existing Law
§ 46.2-898 Requires reporting irrespective of property damage. :contentReference[oaicite:2]{index=2}
- The proposal extends this principle to law enforcement.
- Clarifies that all accidents are inherently reportable events.
Policy Rationale
- Non-visible injuries are still injuries
- Non-automobile damage is still damage
- Absence of a report is absence of accountability
The legislation promotes:
- Accurate safety data
- Protection of vulnerable road users
- Uniform statewide enforcement standards
Conclusion
- Virginia law does not codify “non-reportable accidents.”
- The concept arises from administrative discretion.
- This bill:
* Eliminates ambiguity
* Closes a Dillon Rule gap
* Establishes a mandatory reporting standard