Under the 1988 Road Traffic Act drivers have a duty to stop and provide certain information when involved in a collision and where not possible to report it to the police. Section 170(2) states “ The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle”
If you are not able to comply with this obligation then Section 170(3) confirms that you must report the accident. To do this you must report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means “as soon as reasonably practicable”. It does not mean the driver has 24 hours to do so if they are busy.
There are various penalties that can be given if you are convicted of a failure to stop charge. The penalty will depend on each case and the circumstances proven.
You can face a fine of up to £5,000, a ban from driving for a set period decided by the court, or 5 to 10 penalty points on your driving license.
In limited circumstances the court has the power to issue a prison sentence of up to six months’ imprisonment.
We are happy to help to offer advice and assistance should you require representation in this matter.
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