SUBCHAPTER 3F ‑ COLLISION REPORTS/GENERAL SERVICES SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03F .0101       PURPOSE

This Subchapter explains the accident reporting process and establishes rules for the publication of statistics developed from accident reports.

 

History Note:        Authority G.S. 20‑1; 20‑3; 20-39; 20‑166.1; 20‑279.1 through 20‑279.39;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0102       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03F .0103       DRIVER ACCIDENT REPORT

19A NCAC 03F .0104       MEDICAL EXAMINER AUTO FATALITY REPORT

19A NCAC 03F .0105       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑166.1;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ STATISTICAL DATA ASSEMBLED AND PUBLISHED

 

19A NCAC 03F .0201       TRAFFIC ACCIDENT SUMMARY

(a)  The Collision Reports/General Services Section publishes a summary of motor vehicle traffic accidents monthly and annually.  This publication contains information on all types of motor vehicles, pedestrian and bicycle accidents.  The accidents are categorized by:

(1)           county,

(2)           rural or urban,

(3)           time of day,

(4)           day of week,

(5)           drivers by age and sex.

(b)  The summary is provided to federal and state agencies, officers of the court, the Division of Highways, research institutes and libraries. It is also available to the general public upon request.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0202       FATAL ACCIDENT REPORTS

The Collision Reports/General Services Section publishes monthly a report on the number of fatal accidents and the number of persons killed in these accidents.  Comparisons are made with information from the prior year.  This report is furnished to officers of the court, the Highway Patrol and the news media.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0203       SPECIAL HOLIDAY REPORT

Special holiday reports giving information on prior year fatalities, injuries, accidents and driver violations are published by the Collision Reports/General Services Section.  These reports are provided to the National Safety Council and the Highway Patrol and are used by the news media to project accidents over a holiday period.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

SECTION .0300 ‑ ADMINISTRATIVE SUPPORT OF HIGHWAY PATROL

 

19A NCAC 03F .0301       HIGHWAY PATROL ACTIVITY REPORTS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03F .0302       FATAL ACCIDENT REPORTS

19A NCAC 03F .0303       SPECIAL HOLIDAY REPORTS

19A NCAC 03F .0304       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3; 20‑166.1;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0400 ‑ ADMINISTRATIVE SUPPORT OF HIGHWAY PATROL

 

19A NCAC 03F .0401       HIGHWAY PATROL ACTIVITY REPORTS

19A NCAC 03F .0402       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0500 ‑ ADMINISTRATIVE FORMS

 

19A NCAC 03F .0501       STATISTICAL FORMS

19A NCAC 03F .0502       ACCIDENT REPORTING FORMS

19A NCAC 03F .0503       FINANCIAL RESPONSIBILITY FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0600 ‑ SAFETY AND FINANCIAL RESPONSIBILITY

 

19A NCAC 03F .0601       PROOF OF FINANCIAL RESPONSIBILITY

(a)  The Division of Motor Vehicles will furnish to vehicle owners or operators appropriate forms to facilitate compliance with Article 9A, Chapter 20 of the General Statutes of North Carolina, the Motor Vehicle Safety and Financial Responsibility Act of 1953.

(b)  Vehicle owners or operators of automobiles involved in an accident may furnish required proof of financial responsibility on documents prescribed by the Division.

 

History Note:        Authority G.S. 20-39; 20‑279.1; 20-279.2; 20-279.3; 20-279.4; 20-279.5; 20-279.6; 20-279.7; 20-279.8; 20‑279.9; 20‑279.10; 20-279.11; 20-279.12; 20-279.13; 20-279.14; 20 279.15; 20-279.16; 20-279.17; 20‑279.18; 20‑279.19; 20-279.20; 20-279.21; 20-279.22; 20 279.23; 20-279.24; 20-279.25; 20-279.26; 20‑279.27; 20‑279.28; 20-279.29; 20-279.30; 20 279.31; 20-279.32; 20-279.33; 20-279.34; 20-279.35; 20‑279.36; 20‑279.37; 20-279.38; 20‑279.39;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 03F .0602       ADMINISTRATIVE FINANCIAL RESPONSIBILITY HEARINGS

(a)  Any person who has received notice of a driver's license suspension due to an automobile accident for failure to file proof of financial responsibility may request a hearing.

(b)  Request for a hearing must be made in writing to the Division within 15 days from the date shown on the proposed suspension order.

(c)  The receipt of such request will extend the original effective date of the suspension order for 30 days or until the hearing is held.

(d)  The petitioner must furnish the Division with a brief statement of the circumstances of the accident in which he or his vehicle was involved, grounds relied upon to exonerate him from suspension, and a certified copy of any traffic court judgment related to the accident.  This information must be received at the Division at least five days prior to the date fixed for hearing.

(e)  Due process will be satisfied by an inquiry limited to the determination of whether there is a reasonable possibility of a judgment being rendered against the petitioner should he be sued in a civil action and lose his case.  The burden of proof is on the petitioner to demonstrate to the hearings officer that there is no reasonable possibility that a judgment would be rendered against him in a court of law.

(f)  If the hearings officer establishes that liability insurance was in effect on the date of the accident, or that the petitioner has assumed financial responsibility for the damages in the accident, the officer will rescind the Division's prior notice of revocation.

 

History Note:        Authority G.S. 20-39; 20‑279.2; 20‑279.4; 20‑279.5;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.