Duty of Driver, etc. of Motor Vehicle if Accident Occurs
Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of VictoriaPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1
 Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 8, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.
- 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.
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 Duty of Driver, etc. of Motor Vehicle if Accident Occurs (s61 of the Road Safety Act 1986) 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 LawThe section that covers this offence is section 61 of the Road Safety Act 1986.
Other Important Resources
- FindLaw: Duty of driver, etc. of motor vehicle if accident occurs
- Version No. 151 Road Safety Act 1986 No. 127 of 1986 (section 61, page 247)
- Duty of Driver, etc. of Motor Vehicle if Accident Occurs in Victoria