Duty of driver etc. of vehicle that is not a motor vehicle if accident occurs
61A Duty of driver etc. of vehicle that is not a motor vehicle if accident occurs
If owing to the presence of a specified vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the vehicle—
must immediately stop the vehicle; and
must immediately render such assistance as he or she can; and
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 vehicle and the identifying number of the vehicle (if any)—
to any person who has been injured or to the owner of any property which has been damaged or destroyed; or
to a person representing the injured person or the owner of the property; and
S. 61A(1)(d) amended by No. 37/2014 s. 10(Sch. item 147.19).
must at the scene of the accident as soon as possible give those names and addresses to any police officer who is present; and
S. 61A(1)(e) amended by No. 37/2014 s. 10(Sch. item 147.19).
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. 61A(1)(f) amended by No. 37/2014 s. 10(Sch. item 147.19).
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.
If a specified 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 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).
If—
as a result of an accident involving a specified vehicle a person is killed or suffers serious injury; and
the driver of the 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
the driver of the vehicle does not comply with the requirements of subsection (1)(a) or (1)(b) in relation to the accident—
the driver is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum).
If—
as a result of the accident a person is killed or suffers serious injury then a person who contravenes subsection (1)(c), (1)(d) or (1)(e) is guilty of an offence; or
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 40 penalty units or to imprisonment for a term of not more than 4 months and for a subsequent offence to a penalty of not more than 120 penalty units or to imprisonment for a term of not less than 2 months and not more than 1 year.
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 2·5 penalty units or to imprisonment for a term of not more than 7 days and for a subsequent offence to a penalty of not more than 5 penalty units or to imprisonment for a term of not less than 7 days and not more than 14 days.
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.
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.
In this section, specified vehicle means a vehicle that is not—
a motor vehicle; or
a non-motorised wheel-chair; or
S. 61A(8)(c) amended by No. 68/2017 s. 81(1).
a motorised wheel-chair that is not capable of a speed of more than 10 kilometres per hour.
This Act’s bill:Second reading speech
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