THE LAW
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Regulation
287 of the Road Rules 2014 talks about the duties of a driver
involved in a crash. The
legislation notes the following: ‘’Regulation 287- Duties of a
driver involved in a crash (1) A driver involved in a crash must
comply with this rule. : Maximum penalty–20 penalty units. Note 1–: "Crash" is defined in
the Dictionary. Note 2–: The law of this
jurisdiction also requires a driver involved in a crash to stop and give
assistance to anyone who is injured. (2) The driver must stop at the scene of
the crash and give the driver’s required particulars, within the required
time and, if practicable, at the scene of the crash, to– (a) any other driver (or that driver’s
representative) involved in the crash, and (b) any other person involved in the
crash who is injured, or the person’s representative, and (c) the owner of any property (including
any vehicle) damaged in the
crash (or the owner’s representative), unless, in the case of damage to
a vehicle, the
particulars are given to the driver of the vehicle (or the
driver’s representative). (3) The driver must also give the
driver’s required particulars, within the required time, to a police officer
if– (a) anyone is killed or injured in the
crash, or (b) the driver does not, for any reason,
give the driver’s required particulars to each person mentioned in subrule
(2), or (c) the required particulars for any
other driver involved in the crash are not given to the driver, or (d) a vehicle involved
in the crash is towed or carried away by another vehicle (except if
another law of this jurisdiction provides that the crash is not required to
be reported), or (e) the police officer asks for any of
the required particulars. Note 1–: "Police officer" is defined in
the Dictionary. Note 2–: Subrule (3)(e)
is not uniform with the corresponding paragraph in rule 287 of
the Australian Road
Rules .
However, the corresponding paragraph in the Australian Road
Rules allows
the required particulars to be given if another law of this jurisdiction
requires a particular crash to be reported to a police officer. Different
rules may apply in other Australian jurisdictions. (4) For this rule—
(a) the driver’s name and address,
and (b) the name and address of the owner of
the driver’s vehicle, and (c) the vehicle‘s registration
number (if any), and (d) any other information necessary to
identify the vehicle, and, for subrule (3), includes an
explanation of the circumstances of the crash. Note 1–: "Driver’s vehicle" is defined in
the Dictionary. Note 2–: This definition is not
uniform with the corresponding definition in rule 287 of
the Australian Road
Rules .
However, the corresponding definition in
the Australian Road
Rules allows
the additional information to be provided to a police officer for the
purposes of subrule (3) if another law of this jurisdiction requires the
information to be given. Different definitions may apply
in other Australian jurisdictions.
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WHAT DOES THAT MEAN?
If a
person has been involved in a traffic accident (whether the person was driving
a motor vehicle or a motorbike etc) the matter must be reported to the police
as soon as practicable. If a person fails to report the accident they can be
charged with a criminal offence. If a person is worried as to what he or she
should do following an accident, it is critical that they obtain legal advice
as soon as possible so that their lawyer can explain to them the process and
their obligations as per legislation.
Why
Choose Nicopoulos Sabbagh Lawyers to represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at all Courts in NSW on a regular basis in ALL Traffic Law matters. No
matter is too complex for the team so be sure to book your first Free
Consultation today!
It is very
important that you speak with a lawyer so that you can get the appropriate
legal advice which you require prior to going to court.
Our
team of experienced solicitors are there for you and can help you answer all
your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This
article correctly reflects the Laws of NSW as at 31st
October 2024.
*Please
note that this page or any other pages on our website (including any other
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