The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5137 March 22, 1977 MOTOR VEHICLES: Assessment of points for leaving scene of accident. A driver involved with a collision with an attended or unattended vehicle must immediately stop and either locate the operator or owner of the vehicle and, only if he is unable to locate the operator or owner is he required to pursue the alternative of reporting the accident to the police. Failure to comply with this requirement subjects the violator to 6 points against his driving record. A driver of a vehicle involved in an accident resulting only in damage to fixtures upon or adjacent to a highway must take reasonable steps to locate and notify the owner or person in charge of the property of the accident and must identify himself. However, failure to comply with this provision does not result in any points being charged against the driver's record. The driver of a vehicle involved in an accident resulting in injury or death of a person or involved in an accident in which the property damage is $200 or more, must forthwith report the accident to the police. However, failure to comply with this provision does not result in any points being charged against the driver's record. Mr. Eugene Penzien Prosecuting Attorney Bay County Bay County Building Bay City, Michigan 48706 You have requested my opinion as to whether the Secretary of State may assess points against a driver's record upon conviction of violating certain notice of accident provisions of the Michigan Vehicle Code, 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq. Directing my attention to three sections of the Michigan Vehicle Code, 1949 PA 300, supra, Secs. 620, 621, and 622; MCLA 257.620; MSA 9.2320; MCLA 257.621; MSA 9.2321 and MCLA 257.622; MSA 9.2322; you ask whether the Secretary of State is authorized by 1949 PA 300, supra, Sec. 320a(1)(c); MCLA 257.320a(1)(c); MSA 9.2020(1), to assess six points against the record of a driver convicted of violating any of the enumerated provisions. 1949 PA 300, supra, Sec. 320a(1)(c); MCLA 257.320a(1)(c); MSA 9.2020(1), states: '(1) The division of driver and vehicle services, within 10 days after the receipt of a properly prepared abstract, shall record the date of conviction or probate court finding and the number of points for each conviction or probate court finding based on the following formula: c) Failing to stop and disclose identity at the scene of the accident when required by law. . . . 6 points' The first statute about which you have inquired, 1949 PA 300, supra, Sec. 620; MCLA 257.620; MSA 9.2320 reads: 'The driver of any vehicle which collides upon either public or private property with any vehicle which is attended or unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the vehicle or, if such owner cannot be located, shall forthwith report it to nearest or most convenient police officer.' [Emphasis added] As the emphasized language states, a driver involved in a collision with an attended or an unattended vehicle must stop and identify himself. Only if he is unable to locate the operator or the owner of the vehicle is he permitted to pursue the alternative of reporting the accident to a police officer. Therefore, if a driver is convicted of violating this section, he is convicted of failing to identify himself at the scene of the accident. The next statute with which you have expressed concern, Sec. 621 of the Vehicle Code, MCLA 257.621; MSA 9.2321, reads in pertinent part as follows: '(a) The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such accident and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his operator's or chauffeur's license and, if such owner cannot be found, shall forthwith report such accident to the nearest or most convenient police officer . . .' As you have observed, this section requires a driver to 'take reasonable steps to locate and notify the owner' of property damaged in an accident. Unlike the preceding section, this section includes no requirement that these steps be taken 'immediately' or 'then and there'. Such 'reasonable steps', as you have suggested, may very well involve leaving the scene of an accident as soon as possible where it is obvious that there is no one in the vicinity who could be the 'owner or person in charge' of the demaged property, and to whom notice could be given. Therefore, because Sec. 621 does not require a driver who is involved in an accident to 'stop and disclose identity at the scene of the accident' as provided in Sec. 320a, the Secretary of State should not assess 6 points against the record of a driver convicted of violating Sec. 621. 1949 PA 300, supra, Sec. 622; MCLA 257.622, MSA 9.2322, provides: 'The driver of every motor vehicle involved in an accident resulting in injury or death of any person or total damage to all property to an apparent extent of $200.00 or more shall forthwith report such accident to the nearest or most convenient police station or police officer. The officer receiving such report or his commanding officer shall forthwith forward each individual report to the director of state police on forms prescribed by him which shall be completed in full by the investigating officer. The director of state police shall analyze each report relative to the cause of the reported accident and shall prepare for public use information compiled from the reports. A copy of the report required under sections 621 and 622 of this act shall be retained for at least 3 years at the local police or sheriff's department or local state police post making the report.' The foregoing analysis regarding Sec. 621 applies with even greater force to Sec. 622 of the Code, MCLA 257.622; MSA 9.2322. Nothing in that statute requires a driver to disclose his identity at the scene of the accident. All that statute requires is that a driver involved in an accident resulting in damages of $200 or more report the accident to the police. Therefore, a driver convicted of violating Sec. 622 should not have 6 points assessed against his record inasmuch as this offense does not come within the provisions of Sec. 320a(1)(c). Frank J. Kelley Attorney General