Fail To Stop / Fail To Report Driving Offences

Fail To Stop

If you are involved in an accident, and either personal injury or damage to property has taken place, you are required by law to stop at the scene and provide if required your name and address as well as the registered owners details if different from yours.

It is an offence under section 170 RTA not to stop.

Fail To Report

If there is no one at the scene making it not practical to give your details to, you are furthermore required by law to report the accident as soon as it’s possible to do so and at the very least within 24 hours of the accident.

Fail to report is also covered by section 170 of the road traffic act.

Fail to stop and fail to report are related offences, quite often prosecuted together, and commonly known as hit and run in common parlance.

The maximum penalty for failing to stop or report an accident is up to 6 months in prison, 5 – 10 points and a fine.

While the bulk of offences often relate to low speed car park and roadside scrapes and dings, it also covers more serious cases where injury is caused and the driving knowingly leaves the scene of the accident.

In the bulk of instances where both offences occur at the same time, you will only receive points for one of the offences as they are treated as one offence.

Defending Fail to Stop / Report

  1. You were not driving
  2. You weren’t on a public road
  3. You were unaware damage was caused
  4. You can prove you did stop and exchange details or that you did report as soon as was practicable.

It is up to the prosecution to prove (beyond reasonable doubt) that injury or damage was caused. If they can’t do that, then you must be found not guilty.

Increase your chances of success in court by asking Patterson Law a free question about your offence and find out where you stand and how best to defend your driving licence.