(1) A person commits the offense of failure of a vehicle occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a vehicle at a time when the vehicle is involved in an accident required to be reported under ORS 811.720;
(b) The driver of the vehicle is physically incapable of making an accident report required under ORS 811.725; and
(c) The occupant does not make the accident report or cause the accident report to be made.
(2) This section does not require an occupant of a vehicle who is not a driver to make any certification of compliance with financial responsibility requirements.
(3) The offense described in this section, failure of a vehicle occupant to make an accident report, is a Class B traffic violation. [1983 c.338 §579]