Failure to Stop and Assist

Section 146(1) of the Road Transport Act 2013 provides that a person is guilty of an offence if:

1. 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
2. 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
3. the person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give.

For a first offence the maximum penalty is imprisonment of 18 months, a fine of $3,300 and an automatic disqualification of 3 years which can be reduced to 12 months.

For a second or subsequent offence the maximum penalty is imprisonment of 2 years, a fine of $5,500 and an automatic disqualification of 5 years which can be reduced to 2 years.