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Duty of Driver, etc. of Motor Vehicle if Accident Occurs

– section 61 of the Road Safety Act 1986

This offence is when you drive a motor vehicle and an accident occurs because of something you did or failed to do. Or if you fail to provide assistance or your details after being involved in an accident.

duty of driver if motor accident occurs
  • A driver hits a cyclist, drives away and does not report it to the police.
  • A driver is involved in a collision, hits the back of another car and refuses to provide their name and address to the other driver.

  • You were not involved in any accident.
  • You did not do anything wrong following an accident.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:
  • Were you involved in an accident?
  • What did you do after the accident?
  • Can they prove you did anything wrong?

Maximum penalty and court that deals with this charge
The maximum penalty for this offence is 10 years imprisonment and/or a fine of 1200 penalty points as well as a licence cancellation and disqualification.

This kind of offence is heard in the Magistrates’ Court.
 
What is the legal definition of Duty of Driver, etc. of Motor Vehicle If Accident Occurs?
The Police must show that you drove a motor vehicle at the time that an accident occurred. And you either failed to stop, render assistance, provide your name and address to the other party or report the accident to police.

“Were you in a car accident and did you do something wrong?”

The Law
The section that covers this offence is section 61 of the Road Safety Act 1986.
 
What can you be sentenced to for this charge?
This is a serious offence and depending on the kind of accident, injuries caused and your actions you may get a prison sentence. In less serious cases you will receive a fine. In all circumstances if you are found guilty you will lose your license.
 

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