Fail to Stop / Fail to Report
The offence of failing to stop or failing to report an accident is set out in section 170 Road Traffic Act 1988. The law requires you to stop at the scene of an accident, and if required to do so by a person having reasonable grounds (the other party), give them your details. If for any reason you do not give your details, you must report the incident at a police station or to a constable as soon as reasonably practicable, and certainly within 24 hours. The words reasonably practicable mean that you must report the accident as soon as possible.
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Failing to Stop, Failing to Report an Accident
You must give your own name and address, those of the owner of the vehicle (if not you), and the identification mark (the vehicle registration number). If this is not possible, you must report it to the police.
Sentence
This offence can only be dealt with in the Magistrates Court. The maximum penalty for failing to stop / failing to report is up to 6 months imprisonment, and an unlimited fine. The court must also impose a minimum of 5-10 penalty points to be endorsed on your driving licence. Disqualification from driving can also be imposed of up to 12 months in more serious cases.
Defence
Defences to this offence are often factual. It can be a defence for you to show that you were not requested to provide details. Can the police prove that there was damage or injury caused? Were you aware that there had been an accident? Were you the driver?
The obligation to stop / report only arises if there has been an injury or damage.
It is not uncommon for the police / crown prosecution service to charge you with both offences; failing to stop / failing to report an accident. Often by negotiation through our specialist solicitors, a plea to one of the charges may result in the other being discontinued.
If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.