crash law

cyclonebri1

NigeWick wrote: »

Section 170 of the Road Traffic Act states that the driver must stop and provide details to anybody who has reasonable grounds to require them. Some people write faster than others and stopping for a nanosecond will certainly not be acceptable.

Duties in case of accident
170 Duty of driver to stop, report accident and give information or documents

(1) This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—
(a) personal injury is caused to a person other than the driver of that motor vehicle, or
(b) damage is caused—
(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

(2) 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 and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section “animal” means horse, cattle, a_ss, mule, sheep, pig, goat or dog.

Well yes Nige, nice duplicate post, this is the act, agreed, but does it state how long the driver must stop for?

cyclonebri1

paulkenton wrote: »

I'm advising. Basicly just showing others who may read this that you originally said you only needed to come to a standstill after a bump and the act meant you were free to report it to police later but now are agreeing with seb and nige but they're saying you must stop long enough to exchange details. Two totally different things.

So what is your own advise other than cribbing othere genuine MSE's posts:eek:

cyclonebri1

paulkenton wrote: »

I'm advising. Basicly just showing others who may read this that you originally said you only needed to come to a standstill after a bump and the act meant you were free to report it to police later but now are agreeing with seb and nige but they're saying you must stop long enough to exchange details. Two totally different things.

No I am not agreeing with either Seb or Nige, at least only at Nige's 1st post after which he changed sides.

Please try and keep up.:rolleyes:

paulkenton

bri, I genuinely don't understand why you take a tone likeyou do. I'm sure if we were in a pub or face to face you wouldn't talk to me like this. As for giving me grief for being new and never posting before, I've explained. I've always watched posts but never been in a postion to post or get too heavily involved in the threads before until I've got plenty of time on my hands now, I don't understand why I should get strife for it?

sebdangerfield

Ok here goes;

I really am trying to work with you and Nigel to bring this thing to an agreeable conclusion. I will exclude the newcomer at this stage as he seems to be a clone of some sort

There already is a conclusion, you need to do more after an accident than you state. Exchanging details is NOT an option. The links I posted prove that charges are brought for people who fail to exchange details and fail to report the same incident. This would be impossible if it were an option/either/or. And re the last bit, taking the !!!! because he's new is a bit petty IMO.

Please repeat your R v knapp thing as I may just have missed something

I was mistaken re this one, the case I was refering to is actually Lee v Knapp not Regina as I thought. It provides the definition as to how long one must stop for at the scene of an accident. It defines 170(2) as; "Stop means to stop safely and remain at the scene for such a time as would allow anyone having right or reason for doing so to ask for information from the driver." It was later further defined as making the driver available for anyone with right or reason for asking etc. I think we can conclude, stopping for a nanosecond does not comply with this.

Also can you comment on my one and only attempted link a few posts back?

I really can work this out, could you re post it?

NigeWick

cyclonebri1 wrote: »

Well yes Nige, nice duplicate post, this is the act, agreed, but does it state how long the driver must stop for?

As long as it takes to do this:-
(2) 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 and also the name and address of the owner and the identification marks of the vehicle.

And if there is an injury, this too:-
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.

If there is nobody there, you can go straight to a Police station or phone to start the process. If there are a hundred people there who all have reasonable grounds to require to have your details and give you theirs, you could be there some time.

cyclonebri1

NigeWick wrote: »

As long as it takes to do this:-
(2) 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 and also the name and address of the owner and the identification marks of the vehicle.

And if there is an injury, this too:-
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.

If there is nobody there, you can go straight to a Police station or phone to start the process. If there are a hundred people there who all have reasonable grounds to require to have your details and give you theirs, you could be there some time.

Hmmm Nige nice, but
you have failed to quote 3 and 4 4, go to the bottom of the class.

cyclonebri1

sebdangerfield wrote: »

Ok here goes;



There already is a conclusion, you need to do more after an accident than you state. Exchanging details is NOT an option. The links I posted prove that charges are brought for people who fail to exchange details and fail to report the same incident. This would be impossible if it were an option/either/or. And re the last bit, taking the !!!! because he's new is a bit petty IMO.



I was mistaken re this one, the case I was refering to is actually Lee v Knapp not Regina as I thought. It provides the definition as to how long one must stop for at the scene of an accident. It defines 170(2) as; "Stop means to stop safely and remain at the scene for such a time as would allow anyone having right or reason for doing so to ask for information from the driver." It was later further defined as making the driver available for anyone with right or reason for asking etc. I think we can conclude, stopping for a nanosecond does not comply with this.



I really can work this out, could you re post it?

I posted the web address as that rather than an http link, it does work.

cyclonebri1

paulkenton wrote: »

bri, I genuinely don't understand why you take a tone likeyou do. I'm sure if we were in a pub or face to face you wouldn't talk to me like this. As for giving me grief for being new and never posting before, I've explained. I've always watched posts but never been in a postion to post or get too heavily involved in the threads before until I've got plenty of time on my hands now, I don't understand why I should get strife for it?

Paul. After that post, we can talk.

I don't really think I gave you grief as a new poster. Believe me, I hate that. Why turn away people with future imput?

I just assumed your motive was, lets say unusual. In all honesty new posters do usually ask for help or offer it.

Regardless'

Let the debate continue;)

NigeWick

cyclonebri1 wrote: »

Hmmm Nige nice, but
you have failed to quote 3 and 4 4, go to the bottom of the class.

You asked how long one must stay at the scene, not, whether one must report the collision or if it is an offence to fail to stop and give details/report the collision as in:-
(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

There is no 4 4.