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

This offence occurs when you drive a vehicle like a bus or tram, and an accident occurs. And you fail to stop, help or provide your name and details to the other party.

driver vehicle accident
  • 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 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.
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.