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

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

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
Sentencing

Sentencing in the higher courts of VictoriaSentencing Statistics Pie Chart for Fail to Give Name or Address Details After a Motor Vehicle Accident in the Higher CourtsSentencing Statistics Pie Chart for Fail to Render Assistance After a Motor Vehicle Accident in the Higher CourtsSentencing Statistics Pie Chart for Fail to Stop After a Motor Vehicle Accident in the Higher CourtsSentencing Statistics Pie Chart for Fail to Stop or Render Assistance After a Motor Vehicle Accident Involving Death or Serious Injury in the Higher CourtsSentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for ail to Give Name or Address Details to Police After Accident in the Magistrates' CourtsSentencing Statistics Pie Chart for Fail to Provide Vehicle Identification Number, Name or Address Details After Accident in the Magistrates' CourtsSentencing Statistics Pie Chart for Fail to Render Assistance After Accident in the Magistrates' CourtsSentencing Statistics Pie Chart for Fail to Report Accident to Police When Person Injured in the Magistrates' CourtsSentencing Statistics Pie Chart for Fail to Report Accident to Police When Property Damaged in the Magistrates' CourtsSentencing Statistics Pie Chart for Fail to Stop Motor Vehicle After an Accident in the Magistrates' CourtsPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1


[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.
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 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 Law
The section that covers this offence is section 61 of the Road Safety Act 1986.