ROAD SAFETY ACT 1986 - SECT 61 Duty of driver etc. of motor vehicle if accident occurs
ROAD SAFETY ACT 1986 - SECT 61
Duty of driver etc. of motor vehicle if accident occurs(1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—
(a) must immediately stop the motor vehicle; and
(b) must immediately render such assistance as he or she can; and
S. 61(1)(c) amended by No. 8/2018 s. 9(1).
(c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle and, in the case of an automated vehicle, state whether it was operating in automated mode at the time of the accident—
(i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or
(ii) to a person representing the injured person or the owner of the property; and
S. 61(1)(d) amended by Nos 37/2014 s. 10(Sch. item 147.19), 8/2018 s. 9(2).
(d) must at the scene of the accident as soon as possible give those names and addresses and the other information required under paragraph (c) to any police officer who is present; and
S. 61(1)(e) amended by No. 37/2014 s. 10(Sch. item 147.19).
(e) if any person is injured and no police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and
S. 61(1)(f) amended by No. 37/2014 s. 10(Sch. item 147.19).
(f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station.
(2) If a motor vehicle which has been left standing on a highway moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the motor vehicle so standing must as soon as possible after becoming aware of the accident comply as far as the circumstances permit with the requirements of subsection (1).
S. 61(3) substituted by No. 24/2005 s. 5(1).
(3) If—
(a) as a result of an accident involving a motor vehicle a person is killed or suffers serious injury; and
(b) the driver of the motor vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in a person being killed or suffering serious injury; and
(c) the driver of the motor vehicle does not comply with the requirements of paragraph (a) or (b) of subsection (1) in relation to the accident—
the driver is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum).
S. 61(4) amended by No. 24/2005 s. 5(3)(a)–(d).
(4) If—
S. 61(4)(a) amended by No. 24/2005 s. 5(2).
(a) as a result of the accident a person is killed or suffers serious injury then a person who contravenes paragraph (c), (d) or (e) of subsection (1) is guilty of an offence; or
(b) as a result of the accident a person is otherwise injured then a person who contravenes any provision of this section is guilty of an offence—
and liable for a first offence to a penalty of not more than 80 penalty units or to imprisonment for a term of not more than 8 months and for a subsequent offence to a penalty of not more than 240 penalty units or to imprisonment for a term of not less than 4 months and not more than 2 years.
(5) If no person is killed or suffers injury as a result of the accident then a person who contravenes any provision of this section is guilty of an offence and liable for a first offence to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than 14 days and for a subsequent offence to a penalty of not more than 10 penalty units or to imprisonment for a term of not less than 14 days and not more than 1 month.
S. 61(6) amended by Nos 19/1991 s. 13(2)(a)(b), 24/2005 s. 5(4)(a)(b), 5/2016 ss 30, 36(Sch. 1 item 32).
(6) On conviction of a person for, or finding a person guilty of, an offence against this section, if a person is killed or suffers serious injury as a result of the accident, the court must cancel all driver licences and learner permits held by the convicted person and, whether or not that person holds a driver licence or learner permit, disqualify that person from obtaining a driver licence or learner permit for—
S. 61(6)(a) inserted by No. 24/2005 s. 5(4)(b).
(a) in the case of a first offence, at least 4 years if a conviction is recorded and at least 2 years in any other case; and
S. 61(6)(b) inserted by No. 24/2005 s. 5(4)(b).
(b) in the case of a subsequent offence, at least 8 years if a conviction is recorded and at least 4 years in any other case.
S. 61(7) amended by No. 24/2005 s. 5(5)(a)(b).
(7) If a person who is convicted or found guilty of an offence against any provision of this section has at any time been convicted or found guilty of an offence against another provision of this section or any previous enactment corresponding to any of those provisions, the conviction for, or finding of guilt of, the offence against that provision is to be taken to be a conviction for, or finding of guilt of, a subsequent offence.
S. 61(8) inserted by No. 24/2005 s. 5(6).
(8) The specifying by subsection (3) of fault elements for an offence against that subsection is not intended to affect the question of whether fault elements are required for any other offence against this section or any other provision of this Act.
S. 61A inserted by No. 28/2009 s. 16.