Failing to stop or report after an accident

s.170Road Traffic Act 1988

The driver of a mechanically propelled vehicle involved in an accident causing injury or damage failing to stop and give details, or failing to report the accident to the police.

Failing to stop or report after an accident · Road Traffic Act 1988, s.170Card 79 / 85

Points to prove

Owing to the presence of a mechanically propelled vehicle on a road or other public place
An accident occurred
Causing personal injury to someone other than the driver, or damage to another vehicle, a relevant animal, or property on or next to the road or place
The defendant was the driver of that vehicle
s.170(2)Failed to stop, or having stopped, failed to give their name and address, the owner's name and address and the vehicle's identification marks when required by a person with reasonable grounds
s.170(3)Having not given their name and address, failed to report the accident at a police station or to a constable as soon as reasonably practicable, and in any case within 24 hours

Key definitions

Mechanically propelled vehicle – not defined in the Act. It is wider than “motor vehicle” (s.185(1)) because it need not be intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Public place – not defined in the Act. The question is whether the people using the place are members of the public or a special class allowed in for a particular reason (DPP v Vivier 1991).
Damage – s.170(1)(b): to a vehicle other than the driver’s own vehicle or its trailer; to an animal not in or on that vehicle or trailer; or to property built on, fixed to, growing in or forming part of the land where the road or place is, or land next to it.
Animal – s.170(8): horse, cattle, ass, mule, sheep, pig, goat or dog.
Driver – s.192(1): includes a separate steersman as well as anyone else engaged in driving.
Stop – the driver must stop and stay long enough for anyone with reasonable grounds to ask for their details (Lee v Knapp 1967).
Report – s.170(6): at a police station or to a constable, as soon as reasonably practicable and in any case within 24 hours. The 24 hours is an outer limit, not a period of grace (Bulman v Bennett 1974).

Defences

A driver who did not know an accident had happened cannot be convicted (Harding v Price 1948).

Good to know

Stopping and giving details at the scene satisfies s.170(2). The duty to report under s.170(3) only arises if the driver did not give their name and address.
In injury accidents, a driver who does not produce insurance at the time must report the accident and produce it. Failing to do so is a separate offence under s.170(5) and (7), with a fine of up to £1,000 (level 3).
Damage to the driver’s own vehicle, or injury only to the driver, does not trigger the duty.

Legislation: Road Traffic Act 1988, s.170 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine; discretionary disqualification, otherwise 5 to 10 penalty points