Failing to Report an Accident
If you don't stop at the scene or report an incident you could be committing an offence and be charged. The penalties include: a fine or up to six months in prison.
This is a surprisingly serious offence and the punishments can be harsh, including periods of imprisonment and disqualification.
The Test for Reporting
If you are involved in an accident where damage or injury is caused, it is a requirement to report the accident to the police within 24 hours. The test within that time is to report it as soon as reasonably practicable.
The Meaning of Damage
The definition of damage under Section 170 of the RTA is very wide, it includes any of the following:
- damage to a vehicle other than that which the driver is driving;
- damage to an animal;
- damage to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or is situated or land adjacent to such land.
Links to Failing to Stop
The offence of failing to report only applies if you do not stop at the scene and give your details.
Sentence
The sentencing guidelines were amended in 2017 and the punishments for this offence made far harsher. As such, for the most serious offences of this type, the Court can impose a community order and disqualify for a period of up to 12 months.
What are the Possible Defences
The Defences available depend on the particular circumstances of the offence. However, common defences include:
- Identity of the driver;
- No damage/injury;
- No accident occurred;
- Reasonable excuse for failing to report such as injury to the driver.
