Failure to Stop/Failure to Report an Accident
Failing to stop or report a road accident in Scotland is a criminal offence that can result in 5 to 10 penalty points, disqualification, a fine and, in serious cases, imprisonment. Roadtrafficlaw.com specialises in Scottish road traffic cases and represents drivers throughout Scotland. If you have been accused of leaving the scene of an accident or failing to report one, call 0800 048 8696 for a free initial consultation or complete our online contact form.
Failure to Stop or Report an Accident: Key Points
Law: The relevant duties are set out in section 170 of the Road Traffic Act 1988.
Duty to stop: Where section 170 applies, the driver must stop after the accident.
Details: A driver may be required to give their name and address, the vehicle owner's name and address and the vehicle registration details.
Reporting: If the required details are not given at the scene, the accident must be reported to the police as soon as reasonably practicable and, in any event, within 24 hours.
Penalties: Failure to stop and failure to report each carry 5 to 10 penalty points. Disqualification, a fine and imprisonment are available to the court.
Defences: Lack of awareness of the accident can be relevant, but the factual and evidential position requires careful assessment.
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What Does Section 170 of the Road Traffic Act 1988 Require?
Section 170 (opens in a new tab) creates duties following certain accidents involving mechanically propelled vehicles on a road or other public place.
The provision can apply where an accident causes:
The precise statutory conditions matter. Not every incident involving a vehicle automatically creates a section 170 offence.
Your Complete guide to Failure to Stop or Report an Accident in Scotland
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Read our Essential InsightsWhat Details Must I Give After an Accident?
Where section 170 applies, the driver must stop.
If a person with reasonable grounds asks for the relevant information, the driver must provide:
The duty is more precise than simply exchanging telephone numbers or insurance information.
A driver needs to stop for sufficient time for the statutory obligation to be fulfilled. Briefly stopping and then leaving may not satisfy the duty if the circumstances gave another person no reasonable opportunity to request the required details.
When Must an Accident Be Reported to the Police?
If the driver does not provide their name and address under section 170(2), section 170(3) requires the accident to be reported.
The deadline is often misunderstood.
The law does not give a driver an unrestricted 24-hour period in which to decide whether to make a report. The accident must be reported as soon as reasonably practicable and, in any event, within 24 hours.
The circumstances can matter when deciding what was reasonably practicable.
What if Someone Was Injured?
Personal injury accidents create further obligations concerning evidence of insurance.
Where another person is injured and the required insurance evidence is not produced at the scene, section 170 contains duties concerning reporting the accident and production of insurance documentation.
The statutory provisions should be checked against the circumstances of the particular case.
A driver involved in an accident where someone may have been injured should take the reporting requirements seriously, even if the injury initially appears minor.
What Are the Penalties for Failing to Stop or Report an Accident?
Failure to stop after an accident and failure to give particulars or report an accident each carry 5 to 10 penalty points.
The court can impose a discretionary driving disqualification instead.
The available sentencing powers can include:
The sentence is determined from the facts of the individual case.
The Scottish Sentencing Council's general guidelines (opens in a new tab) require courts to consider seriousness, aggravating and mitigating factors and the circumstances of the offender when reaching a sentence.
Can I Be Charged With Both Failure to Stop and Failure to Report?
Yes.
Failure to stop and failure to report are separate offences. A driver who leaves an accident without complying with the section 170 duties and then fails to make the required police report may face both charges.
This does not necessarily mean the penalty points for the two offences will simply be added together.
Section 28 of the Road Traffic Offenders Act 1988 (opens in a new tab) contains rules applying where offences are committed on the same occasion.
In MacLean v Procurator Fiscal, Stornoway, the Scottish court treated connected road traffic offences as occurring on the same occasion for penalty-point purposes. The application of these provisions requires consideration of the charges and circumstances.
Could I Receive 20 Penalty Points for Two Section 170 Charges?
It would be misleading to suggest that two charges automatically expose a driver to 20 points.
Where offences arise from the same occasion, statutory rules govern how penalty points are imposed.
The court does have powers under section 28 of the Road Traffic Offenders Act 1988 that can affect the position in particular circumstances.
A driver facing both failure-to-stop and failure-to-report charges should obtain advice on the actual complaint rather than simply adding together the maximum points for each charge.
Can I Be Disqualified?
Yes. Disqualification is available to the court for a section 170 offence.
The court's powers are what matter to a person deciding how seriously to treat the charge.
A separate risk can arise where penalty points take a driver to 12 or more relevant points within the applicable three-year period. That can trigger the totting-up provisions under section 35 of the Road Traffic Offenders Act 1988 (opens in a new tab).
An exceptional hardship argument may be available in an appropriate totting-up case. Exceptional hardship is not a defence to the section 170 offence.
Possible Defences to Failure to Stop or Report
A viable defence must relate to the legal ingredients of the charge and the evidence.
I Did Not Know an Accident Had Happened
Lack of awareness can be highly relevant.
Case law has recognised that a driver who genuinely lacked knowledge of an accident may have a defence to the section 170 duties.
The issue is fact-sensitive.
The nature of the impact, noise, movement of the vehicle, visible damage, witness evidence and anything said to the driver after the event may all bear on whether claimed lack of awareness is accepted.
Police Scotland's crime-recording guidance itself distinguishes between minor damage where a driver may have been unaware of the collision and circumstances suggesting the driver was likely to have known about it.
I Stopped but Nobody Asked for My Details
Stopping is part of the statutory duty, but what counts as stopping can depend on the circumstances.
A driver who remains at the scene for a sufficient period may raise a different issue from a driver who pauses for only a few seconds and leaves.
The court can consider whether someone with reasonable grounds had a proper opportunity to request the statutory details.
If those details are not provided, the separate duty to report the accident may still arise.
I Did Not Know Any Damage Had Been Caused
The existence of qualifying injury or damage is part of the statutory framework.
Minor damage can create evidential questions concerning both whether qualifying damage occurred and what the driver knew about the incident.
A small scratch does not automatically mean there was no accident for section 170 purposes.
Photographs, repair evidence, witness accounts and the physical circumstances may become relevant.
The Other Driver Was Aggressive or Threatening
Threatening behaviour at an accident scene can be legally significant, particularly where remaining at the location may present a safety issue.
It should not be advertised as a simple standalone defence.
A driver who leaves for genuine safety reasons may still have a duty to report the accident to police as soon as reasonably practicable.
The precise circumstances and available evidence need to be assessed.
Does Fault for the Accident Matter?
The section 170 duties are distinct from deciding who caused the collision.
A driver can be required to stop, provide details or report an accident even where they maintain that another road user caused it.
A dispute over civil liability does not, by itself, remove the statutory duties following the accident.
Do I Really Have 24 Hours to Report an Accident?
No, not in the sense of being free to wait until the 24-hour deadline.
Section 170 requires the report to be made as soon as reasonably practicable and in any event within 24 hours.
A driver who could reasonably have reported the accident much sooner should not assume that making a report just before the 24-hour limit automatically satisfies the legislation.
What Should I Do if the Police Contact Me?
Keep any letter, citation or police documentation you receive.
Make a written account of the incident whilst your recollection remains clear. Preserve photographs, dashcam footage, CCTV information and details of potential witnesses.
If lack of awareness is relevant, record everything you remember about the alleged impact, noise, vehicle movement and when you first became aware that an accident was being alleged.
Do not invent an explanation or alter evidence.
Take advice before entering a plea if you dispute the allegation.
Meet Our Road Traffic Law Team
Our team focuses on road traffic law in Scotland, combining specialist knowledge with extensive courtroom experience. Meet the team behind Roadtrafficlaw.com.
Steven Farmer
Managing Director & Leading Defence SolicitorSteven graduated top of his year at the University of Glasgow and has built an extensive record defending complex road traffic prosecutions. His experience covers drink driving, speeding and other serious motoring charges.
Steven has never lost a jury trial in which he has personally represented the accused and has acted in numerous reported cases.
Graham Walker
Founder & Motoring Law PioneerGraham founded Roadtrafficlaw.com with a focus on specialist road traffic defence. During his career, he was invited to provide professional training for organisations including the Law Society of Scotland, Glasgow Bar Association and Royal Faculty of Procurators.
His principles of specialisation, legal expertise, communication and client care continue to shape the firm's approach.
Andrew Martin
Senior AdvisorAndrew studied law at the University of Strathclyde and later completed a postgraduate Master's in Human Rights Law. He joined Roadtrafficlaw.com in 2012 and is now a senior member of the team.
Known for meticulous preparation and clear, practical advice, Andrew guides clients through each stage of their road traffic case.
What Happens Next? A Step-by-Step Guide
Record what happened
Write down what you remember about the incident, including any impact, damage, conversations and when you became aware an accident had occurred.
Preserve the evidence
Keep photographs, dashcam footage, CCTV information, witness details and any correspondence from the police.
Get specialist legal advice
A solicitor can assess whether the section 170 duties applied, what the prosecution must prove and whether you have a defence.
Review the prosecution evidence
The evidence may cover damage, witness accounts, police statements, CCTV and whether you knew an accident had occurred.
Decide your plea
Once the evidence has been assessed, you can make an informed decision about pleading guilty or contesting the charge.
Court decision and sentence
If convicted, the court can impose 5 to 10 penalty points or disqualification, a fine and, in serious cases, imprisonment.
Frequently Asked Questions
How many points can I get for failing to stop?
Failure to stop carries 5 to 10 penalty points. The court can impose discretionary disqualification instead.
Do I have 24 hours to report an accident?
The report must be made as soon as reasonably practicable and, in any event, within 24 hours.
Can I defend the charge if I did not know about the accident?
Lack of awareness can be relevant. Whether it provides a defence turns on the evidence and circumstances.
Can I go to prison for failing to stop or report?
Yes. The maximum custodial sentence under the current law is six months.
Can I be charged with both offences?
Yes. Failure to stop and failure to report are separate offences, though special rules apply to penalty points for connected offences.
What to do next
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