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Yes, you can even be disqualified !

Yes, you can even be disqualified !

Penalties for Failing To Stop And Report An Accident

You will face 5-10 Penalty Points, a possible ban and a fine of up to £5,000 if convicted of this offence. These are the available penalties for failing to stop and report an  accident.

If there is an aggravation such as injury or substantial damage to the other vehicle then you can expect the penalties in Scotland for failing to stop and report an accident and to provide driver details to be serious eg a possible ban but more likely to be high end penalty points.

I was dealing with a case in Kirkwall, Orkney yesterday where my client was charged with failing to stop and report an accident that had occurred in a super market car park. It was a low level “dunt” in a car park at very low speed and the Sheriff felt able to deal with the matter by way of 5pp and a £300 fine but things could have been a lot worse.

Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.

Who has “reasonable grounds” you may ask. In my recent case the accused was witnessed by two people in a car park to have  reversed into a parked vehicle where the driver was no where to be seen. The driver in fact was in a nearby shop and was blissfully unaware of the damage done to her car. These people had the right to ask for details from my client as they had witnessed the entire event.

You can even be required to provide details when you were NOT involved in the accident. A client recently called me to explain that a vehicle that had overtaken his vehicle subsequently lost control and veered into a motorway barrier. Although not involved in the accident he had witnessed it and some may have said his vehicle had been involved so the advice was tell the police as soon as you can.

If at all unsure then make sure you are NOT charged with this offence by informing the police immediately

Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means “as soon as reasonably practicable”: Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.

 

If charged with s170 of the Road Traffic Act then you may face penalty points and if you have any points on your licence that are within 3 years of this offence then you may face a “Totting Up Ban”. If so get our FREE ebook to help you avoid a driving ban or call us for a FREE case consultation