Failure of vehicle occupant to make collision report to police officer or law enforcement agency; penalty

(1) A person commits the offense of failure of a vehicle occupant to make a collision report if: (a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in a collision required to be reported to a police officer or a law enforcement agency under ORS 811.745; (b) The driver of the vehicle is physically incapable of giving notice to a police officer or a law enforcement agency as required under ORS 811.748; and (c) The occupant does not give notice of the collision immediately to a police officer or a law enforcement agency by the quickest means available. (2) Notwithstanding subsection (1) of this section, a person does not commit the offense of failure of a vehicle occupant to make a collision report if: (a) The collision required to be reported under ORS 811.745 results in a serious injury or death; and (b) The person gives notice of the collision immediately to the emergency communications system by the quickest means available. (3) The offense described in this section, failure of a vehicle occupant to make a collision report, is a Class A traffic violation.