                                 CODE OF VIRGINIA

REPORTS MADE UNDER CERTAIN SECTIONS OPEN TO INSPECTION BY CERTAIN PERSONS;
COPIES; MAINTENANCE OF REPORTS AND PHOTOGRAPHS FOR THREE-YEAR PERIOD (§
46.2-380)

A. Any report of a crash made pursuant to &#xA7; 46.2-372, 46.2-373, 46.2-375,
or 46.2-377 shall be maintained by the Department in either hard copy or
electronic form for a period of at least 36 months from the date of the crash.
The report shall be open to the inspection of (i) any person involved or injured
in the crash or as a result thereof, or his attorney, or any person who, at the
time of the crash, owned a vehicle or property involved in the crash, or his
attorney, (ii) any authorized representative of any insurance carrier reasonably
anticipating exposure to civil liability as a consequence of the crash or to
which the person has applied for issuance or renewal of a policy of automobile
insurance, or (iii) the FMCSA or any authorized agent thereof. The Commissioner
shall, upon written request of the person authorized to inspect the report,
furnish a copy of the report, in either hard copy or electronic form, at the
expense of the requester. Any such report shall also be open to inspection by
the personal representative of any person injured or killed in the crash,
including his guardian, conservator, executor, committee, next of kin as defined
in &#xA7; 54.1-2800, or administrator, or, if the person injured or killed is
under 18 years of age, his parent or guardian. The Commissioner shall only be
required to furnish under this section copies of reports required by the
provisions of this article to be made directly to the Commissioner. The
Commissioner may set a reasonable fee for furnishing a copy of any report,
provide to whom payment shall be made, and establish a procedure for payment.

B. The Commissioner or Superintendent of State Police having a copy of any
photograph taken by a law-enforcement officer relating to a nonfatal crash shall
maintain the negatives for or an electronic record of such photographs in their
records for at least 36 months from the date of the crash.

HISTORY: Code 1950, § 46-410; 1956, c. 648; 1958, c. 541, § 46.1-410; 1975, c.
21; 1976, c. 40; 1978, c. 829; 1986, c. 639; 1989, cc. 302, 727; 1997, c. 801;
1998, c. 522; 2013, cc. 80, 104; 2015, c. 171; 2019, c. 750; 2020, c. 701; 2023,
cc. 601, 602.