§ 3746. Immediate notice of accident to police department.
(a) General rule.--The driver of a vehicle involved in an accident shall immediately by the quickest
means of communication give notice to the nearest office of a duly authorized police
department if the accident involves:
(1) injury to or death of any person; or
(2) damage to any vehicle involved to the extent that it cannot be driven under its own
power in its customary manner without further damage or hazard to the vehicle, other
traffic elements, or the roadway, and therefore requires towing.
(a.1) Highly automated vehicles.--If a vehicle under subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on board, the requirements
of this section are satisfied if the certificate holder for the highly automated vehicle,
a person on behalf of the certificate holder for the highly automated vehicle or the
highly automated vehicle immediately contacts a duly authorized police department
to report the accident.
(b) Duty of occupant if driver disabled.--Whenever the driver of a vehicle is physically incapable of giving an immediate notice
of an accident as required in subsection (a) and there is another occupant in the
vehicle at the time of the accident capable of doing so, the occupant shall make or
cause to be given the notice not given by the driver.
(c) Investigation by police officer.--Every accident reported to a police department required in this section shall be investigated
by a police officer who shall provide each driver a signed statement that the accident
was reported.
(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)
2022 Amendment. Act 130 added subsec. (a.1).
Cross References. Section 3746 is referred to in sections 1503, 1785, 3745.1, 3747, 8510.3 of this title.
Notes of Decisions
Commonwealth v. Mendenhall, 715 A.2d 1117 (Pa. 1998).
· cites it 4× “The responsibility of a driver involved in an accident to report that accident to the police, and remain at the scene pending the police investigation is contained in 75 Pa.C.S. § 3746, which states in pertinent part: § 3746 Immediate notice of accident to police department (a)…”
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
· cites it 2× “§ 3745(a) (relating to accidents involving damage to unattended vehicles or property); 75 Pa.C.S. § 3746(a)(1) (relating to providing notice of an accident to a police department); and Section 13 of The Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972,…”
Commonwealth v. Noel, 857 A.2d 1283 (Pa. 2004).
· cites it 2× “Nor is it clear whether a person thrown from an unruly horse would be required to notify the police under Section 3746, "Immediate notice of accident to police department," which provides: The driver of a vehicle involved in an accident shall immediately by the quickest means of…”
Commonwealth v. Haines, 166 A.3d 449 (Pa. Super. Ct. 2017).
“75 Pa.C.S. § 3746(a)(2). Unlike the paradigmatic probable cause cases, this' provision will often require investigation beyond mere observation of offending conduct.”
Commonwealth v. Druce, 868 A.2d 1232 (Pa. Super. Ct. 2005).
“§ 3361); Immediate Notice of Accident to Police (75 Pa.C.S. § 3746); and Duty to Give Information and Render Aid (75 Pa.”
Jennings v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 715 A.2d 552 (Pa. Commw. Ct. 1998).
“§ 1785, DOT bears the burden of proving that: (1) the licensee was the owner of the automobile involved in the accident; (2) the accident was of the type requiring notice to a police department pursuant to section 3746 of the Vehicle Code, 75 Pa.C.S. § 3746; 4 and (3) the…”
Dep't of Transp. v. Walker, 584 A.2d 1080 (Pa. Commw. Ct. 1990).
“Specifically, it was stipulated that the September 8, 1989 accident was a reportable accident under Section 3746(a) of the Code, as amended, 75 Pa.C.S. § 3746(a), and that the car operated by the licensee was not covered by insurance at the time of the accident.”
Commonwealth v. Thomas, 600 A.2d 237 (Pa. Commw. Ct. 1991).
“75 Pa.C.S. § 3746. . Recent amendments to the Vehicle Code reflect the strong public policy in favor of requiring insurance or equivalent financial responsibility for motor vehicles.”
Dot, Bur. of Dr. Licensing v. Reuben, 566 A.2d 929 (Pa. Commw. Ct. 1989).
“Instead, Reuben argued that the Department failed to prove that the accident was of the type which must be reported to the police, asserting that there was no proof that either car needed towing or that anyone was injured within the meaning of Section 3746 of the Vehicle Code…”
Cosom v. Commonwealth, 572 A.2d 1321 (Pa. Commw. Ct. 1990).
“75 Pa.C.S. § 3746. This section provides in pertinent part: *402 (a) General Rule.”
Com. v. Weaver, J. (Pa. Super. Ct. 2017).
· cites it 2× “§ 3745(a) – Accidents Involving Damage to Unattended Vehicle or Property (Summary); Count 6 – 75 Pa.C.S. § 3746(a)(2) – Failure to Notify Police of Accident/Damage to Vehicle (Summary); and Count 7 – 75 Pa.”
— 75 Pa. Cons. Stat. § 3746(A)(2) — 1 case
— 75 Pa. Cons. Stat. § 3746(a) — 3 cases
Commonwealth v. Mendenhall, 715 A.2d 1117 (Pa. 1998).
“The responsibility of a driver involved in an accident to report that accident to the police, and remain at the scene pending the police investigation is contained in 75 Pa.C.S. § 3746, which states in pertinent part: § 3746 Immediate notice of accident to police department (a)…”
Dep't of Transp. v. Walker, 584 A.2d 1080 (Pa. Commw. Ct. 1990).
“Specifically, it was stipulated that the September 8, 1989 accident was a reportable accident under Section 3746(a) of the Code, as amended, 75 Pa.C.S. § 3746(a), and that the car operated by the licensee was not covered by insurance at the time of the accident.”
— 75 Pa. Cons. Stat. § 3746(a)(1) — 4 cases
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
“§ 3745(a) (relating to accidents involving damage to unattended vehicles or property); 75 Pa.C.S. § 3746(a)(1) (relating to providing notice of an accident to a police department); and Section 13 of The Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972,…”
Commonwealth v. Noel, 857 A.2d 1283 (Pa. 2004).
“Nor is it clear whether a person thrown from an unruly horse would be required to notify the police under Section 3746, "Immediate notice of accident to police department," which provides: The driver of a vehicle involved in an accident shall immediately by the quickest means of…”
— 75 Pa. Cons. Stat. § 3746(a)(2) — 5 cases
Commonwealth v. Haines, 166 A.3d 449 (Pa. Super. Ct. 2017).
“75 Pa.C.S. § 3746(a)(2). Unlike the paradigmatic probable cause cases, this' provision will often require investigation beyond mere observation of offending conduct.”
Com. v. Weaver, J. (Pa. Super. Ct. 2017).
“§ 3745(a) – Accidents Involving Damage to Unattended Vehicle or Property (Summary); Count 6 – 75 Pa.C.S. § 3746(a)(2) – Failure to Notify Police of Accident/Damage to Vehicle (Summary); and Count 7 – 75 Pa.”
— 75 Pa. Cons. Stat. § 3746(b) — 1 case
— 75 Pa. Cons. Stat. § 3746(c) — 1 case
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