Duty of Driver etc. of Vehicle That is Not a Motor Vehicle If Accident Occurs

Charges often arise from the duties of a driver of a vehicle that is not a motor vehicle if accident occurs is the sort of charge regularly heard in the Magistrates Court.

This charge is generally laid in situations where a person drives a vehicle which is not a motor vehicle, that an accident occurs at the time that the person was driving the vehicle and the driver fails to complete once of the duties as listed in the section.

In essence to prove this charge the Police must show that the accused drove a vehicle which was not a motor vehicle at the time that an accident occurred and that the accused failed to either stop, render assistance, provide their name and address to the other party or to report the accident to police. The aggravating circumstances to this charge are that the driver caused the other person’s death or serious injury, caused damage to the other person’s property, failed to stop at scene of accident, failed to stop at scene of accident, failed to give name and address, failed to render assistance, or failed to report accident to police.

A defence to this charge could amongst other defences be a factual dispute.

The maximum penalties for this offence depend upon the objective seriousness of the duty that has failed to be observed. Where a person has been killed or seriously injured, a 1st offence may result in a fine of as much as 40 penalty units or 4 months imprisonment. For a 2nd offence, the maximum would be 120 penalty units and imprisonment for more than 2 months but less than 1 year

Where no person is killed or suffers serious injury, a fine of 2.5 penalty units or 7 days imprisonment applies for a 1st offence, and 5 penalty units or 14 days of imprisonment for a subsequent offence.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 61A of the Road Safety Act 1986.

Possible Defences

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Impossibility
  • Lack of Intent
  • Charges are Statute Barred
  • Intoxication
  • Sudden or Extraordinary Emergency

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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