Duty of Driver etc. of Vehicle that is not a Motor Vehicle if Accident Occurs

Duty of Driver etc. of Vehicle that is not a Motor Vehicle if Accident Occurs

Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs is found in section 61A of the Road Safety Act 1986 in Victoria. It is committed by a person who was driving a “specified vehicle” and got into an accident resulting in another person being injured or any property being damaged. The said driver must have then failed to immediately stop or render assistance, or to give his name or address, or to fulfill other obligations as specified in the section for this offence.

Have you been accused of Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs?

driver vehicle accident
Police Interview
Police will want to interview you if they intend on charging you with Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs. It is important that you discuss with a lawyer the strategic advantages or disadvantages in participating in an interview. Our lawyers will also explain the interview process so you are not caught off guard. You should always remember that you have the right to give a ‘no comment’ interview and this will generally not harm your position. It’s best to walk away from the interview without compromising your position.

Pleading Not Guilty
If you decide to defend an allegation of Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs we can assist you in your defence. We are experienced in running contested hearing in the Magistrates’ Court. We look at all evidence with a close attention to detail and will develop a strategy for your case.

Pleading Guilty
If you decide to plead guilty it is equally important to ensure you have legal representation. It is important that a plea puts forward your best case and minimises any impact on your driver’s licence.
  • A tram driver fails to stop at a stop sign and hits a car.
  • A bus driver fails to look in his mirror and hits a cyclist. The bus driver does not offer the injured cyclist assistance.

  • You did not cause an accident.
  • The accident occurred because of something you are not responsible for.
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:
  • Did you do anything that could have caused an accident?
  • Can they prove that you caused the accident?

Maximum penalty and court that deals with this charge
The maximum penalty for Duty of Driver etc. of Vehicle that is not a Motor Vehicle if Accident Occurs (s61A of the Road Safety Act 1986) is level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum).

This sort of charge would be heard in the Magistrates’ Court.

What can you be sentenced to for this charge?
Depending on the seriousness of the offence you could either get a fine or imprisonment. If someone is seriously injured or dies as a result of your actions then you are more likely to get a prison sentence.

What is the legal definition of Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs?
A person drove a vehicle which was not a motor vehicle at the time that an accident occurred. And failed to either stop, render assistance, provide their name and address to the other party or to report the accident to police.

“Did you cause an accident?”

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