Disabling Damage [Transportation] Law and Legal Definition

According to 49 CFR 655.4 [Title 49 – Transportation; Subtitle B Other Regulations Relating to Transportation; Chapter VI Federal Transit Administration, Department of Transportation; Part 655 Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations; Subpart A – General], disabling damage means “damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

(1) Inclusion. Damage to a motor vehicle, where the vehicle could have been driven, but would have been further damaged if so driven.

(2) Exclusions. (i) Damage that can be remedied temporarily at the scene of the accident without special tools or parts.

(ii) Tire disablement without other damage even if no spare tire is available.

(iii) Headlamp or tail light damage.

(iv) Damage to turn signals, horn, or windshield wipers, which makes the vehicle inoperable.”