Section 146 of the Road Transport Act deals with the offence of failing to stop and assist after an impact causing injury in NSW. Failure to stop and assist another driver after an accident causing an injury to another person is a serious offence in NSW.

 

Which court deals with this matter?

Offences contrary to section 146 of the Road Transport Act are heard & finalised in the Local Court NSW as they are summary offences.

 

What is the maximum penalty for a first offence?

For a first offence, the offence carries a maximum penalty of 30 penalty units and or 18 months’ imprisonment.

 

What is the maximum penalty for a second offence?

For a second offence the offence carries a maximum penalty of 50 penalty units and or 2-year imprisonment.

 

What does the Law say in relation to the offence of failing to stop and assist?

Section 146 of the Road Transport Act states:

 

(1)   A person is guilty of an offence if—

 

(a) a vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person, and 

 

(b) the person knows, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and 

 

(c) the person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give.

 

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 7th March 2023.

 

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

 

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