Duty to stop in case of accident
84.—(1)  Where an accident occurs owing to the presence of a motor vehicle on a road and the accident results in damage or injury to any person, vehicle or structure, the driver of the motor vehicle must stop the motor vehicle and the driver must do such of the following as may be applicable:
(a)the driver if requested to do so by any person at the scene of the accident having reasonable grounds for so requesting the driver’s particulars, must provide the driver’s particulars to that person;
(b)if no person mentioned in paragraph (a) is present at the scene of the accident, the driver must take reasonable steps to inform the owner (if any) of the damaged vehicle or structure of the damage caused to the vehicle or structure, and provide that owner with the driver’s particulars.
[28/2014; 19/2019]
(2)  The driver of the motor vehicle mentioned in subsection (1) must report the accident at a police station or to a police officer as soon as reasonably practicable within 24 hours after the accident unless either of the following has occurred:
(a)the driver has provided the driver’s particulars to a person mentioned in subsection (1)(a);
(b)the owner mentioned in subsection (1)(b) has contacted the driver.
[28/2014]
(2A)  Where owing to the presence of a motor vehicle on a road an accident occurs resulting in injury or death to any animal, the driver of the motor vehicle must stop the vehicle if the driver has reasonable grounds to believe that —
(a)the animal has an owner; or
(b)the presence of the injured or dead animal on the road is likely to pose any safety hazard to the other road users.
[19/2019]
(2B)  The driver mentioned in subsection (2A) who is involved in the accident must —
(a)if requested to do so by any person at the scene of the accident having reasonable grounds for so requesting the driver’s particulars, provide the driver’s particulars to that person;
(b)if no person mentioned in paragraph (a) is present at the scene of the accident, the driver must take reasonable steps to inform the owner of the injured or dead animal (if any) of the injury or death caused to the animal and provide that owner with the driver’s particulars; and
(c)if the presence of the injured or dead animal is likely to pose any safety hazard to other road users, the driver must as far as the circumstances permit, take reasonable steps to alert other road users of the obstruction and immediately inform a police officer of the obstruction.
[19/2019]
(3)  If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby any person is killed or any damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle must render any assistance that may be reasonably required by any police officer or in the absence of any police officer any assistance that may reasonably be in the power of the driver to render.
(4)  When owing to the presence of a motor vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or structure, a person must not, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of the vehicle or do any other act so as to destroy or alter any evidence of the accident except that —
(a)a vehicle or any part of the vehicle may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and
(b)goods or passengers baggage may be removed from a vehicle under the supervision of a police officer.
(5)  Subsection (4) does not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand.
(6)  In this section, “particulars”, in relation to a driver of a motor vehicle, means the name and address of the driver of the motor vehicle, the name and address of the owner of the motor vehicle, and the identification marks of the motor vehicle.
[28/2014; 19/2019]
(7)  If any person fails to comply with any of the provisions of this section, he or she shall be guilty of an offence.
(8)  Any person who is guilty of an offence under subsection (7) arising from his or her failure to comply with subsection (3) shall, if he or she had in driving or attempting to drive a motor vehicle at the time of the accident mentioned in that subsection caused any serious injury or death to another person, be liable on conviction —
(a)to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
[10/2017]
(9)  Where a person is convicted of an offence under subsection (7) arising from his or her failure to comply with subsection (3), the court convicting him or her shall —
(a)if satisfied that he or she had in driving or attempting to drive a motor vehicle at the time of the accident mentioned in subsection (3) caused any serious injury or death to another person; and
(b)unless the court for special reasons thinks fit to order otherwise,
make an order disqualifying him or her from holding or obtaining a driving licence —
(c)for a period of not less than 12 months from the date of his or her conviction or, where he or she is sentenced to imprisonment, from the date of his or her release from prison; or
(d)for any longer period that the court thinks fit.
(10)  Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —
(a)an offence involving the use of the motor vehicle by him or her whereby any serious injury or death is caused to another person; and
(b)an offence under subsection (7) arising from his or her failure to comply with subsection (3),
the court before which he or she is convicted is to order that the sentences for those offences run consecutively.
(11)  Any police officer may arrest without warrant any person who is reasonably suspected of having failed to comply with subsection (3).