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Duty of Driver, etc. of Motor Vehicle If Accident Occurs

Driving – Other Traffic Offences – VIC

Welcome to the VIC Duty of driver, etc. of motor vehicle if accident occurs article page. Everything you need to know about Duty of driver, etc. of motor vehicle if accident occurs according to VIC law.

What the Law States according to VIC Law for Duty of driver, etc. of motor vehicle if accident occurs

According to VIC Law for the charge of 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

(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-

(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

(d) must at the scene of the accident as soon as possible give those names and addresses to any member of the police force who is present; and

(e) if any person is injured and no member of the police force 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

(f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force 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).

(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).

(4) If-

(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.

(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 permits
held by the convicted person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for-

(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

(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.

(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.

(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.

The Maximum Penalty – Duty of driver, etc. of motor vehicle if accident occurs

According to VIC Law for the charge of Duty of driver, etc. of motor vehicle if accident occurs:

1. Where the driver of a motor vehicle, is involved in an accident, and that accident results in a person being killed or serious injured, and the driver fails to stop and or fails to render assistance: 10 years or 1200 penalty units. License cancelled and disqualified for 2 years (1st offence), 4 years (subsequent offence)

2. Where the driver of a motor vehicle is involved in an accident, and that accident results in a person being killed or seriously injured, and the driver fails to give name and address and or fails to report accident to police: 80 penalty units, or 8 months imprisonment (1st offence), 240 penalty units or not less than 4 months and not more than 24 months imprisonment (subsequent offence). License cancelled and disqualified for 2 years (1st offence), 4 years (subsequent offence)

3. Where the drier of a vehicle, that is not a motor vehicle, is involved in an accident, and that accident does not result in either property damage or injury to the other party: 5 penalty units, or 14 days imprisonment (1st offence), 10 penalty units or imprisonment not more than 1 month (subsequent offence)

What the Police must prove according to VIC Law for Duty of driver, etc. of motor vehicle if accident occurs

1. Driver drove a motor vehicle

2. That there was an accident

3. That the driver either:

a. did not stop
b. did not render assistance
c. did not provide their name and address to the other party
d. did not report the accident to the police

Note: Aggravating circumstances

a. that the driver caused the other person’s death, or serious injury to the otehr person;
b. that the driver caused damage to the other person’s property.

Possible Defences under VIC Law – Duty of driver, etc. of motor vehicle if accident occurs

1. Factual dispute

2. The driver of the motor vehicle did not know, or could not have reasonably known that the accident had occured, and that as a result of the accident the other person was killed or seriously injured.

In VIC which court will hear the matter – Duty of driver, etc. of motor vehicle if accident occurs

All of these matters can be heard and determined in the Magistrates Court.

Street Names

Fail to stop at scene of accident, Fail to render assistance, Fail to report accident to police

 

Date: 09/01/2009

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