Edit: Mandatory_Reporting_of_All_Traffic_Accidents_Act

Markdown Content:

= Mandatory Reporting of All Traffic Accidents Act =

== 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

<hr>

== 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.

<hr>

=== 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.

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== 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:
<blockquote>
* Non-visible  
* Delayed in onset  
* Difficult to assess at the scene 
</blockquote>

==== Consequences ====

* '''Invisible Injury Risk'''
<blockquote>* Pedestrians and cyclists often sustain injuries not immediately observable.</blockquote>

* '''Property Damage Asymmetry'''
<blockquote>* A motor vehicle may appear undamaged while a bicycle or scooter is significantly damaged.</blockquote>

* '''Data Integrity Failures'''
<blockquote>* Undercounting of crashes involving vulnerable road users</blockquote>
<blockquote>* Incomplete statewide safety data</blockquote>
<blockquote>* Impaired infrastructure planning</blockquote>

* '''Legal and Insurance Impacts'''
** Lack of official reports may undermine claims and liability determinations.

<hr>

== 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.

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== 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.

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== 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

<hr>

=== 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.

<hr>

== Policy Effects ==

=== Current System ===
* Driver reporting: Broadly mandatory  
* LEO reporting: Discretionary (de facto)

=== Proposed System ===
* Driver reporting: Unchanged  
* LEO reporting: Universally mandatory

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== 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.

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== 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

<hr>

== Conclusion ==

* Virginia law does not codify “non-reportable accidents.”
* The concept arises from administrative discretion.
* This bill:
<blockquote>* Eliminates ambiguity  </blockquote>
<blockquote>* Closes a Dillon Rule gap  </blockquote>
<blockquote>* Establishes a mandatory reporting standard  </blockquote>

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[[category:2027 Session Legislation Ideas]]