The requirements or duties of a driver involved in a crash are set out in regulation 287 of the Road Rules 2008 (see below). However, essentially the driver must stop and provide their required particulars within the required time frame. The required particulars include the driver’s name and address, the owner of the vehicle’s name and address, and the vehicle’s registration number. The required time frame is as soon as possible or in exceptional circumstances, within 24 hours of the crash. The duty to provide the driver’s required particulars also extends to a police officer, if the police officer asks for any of the required particulars; required particulars also includes providing an explanation as to the circumstances of the crash. Failure to comply with these duties carries a maximum penalty of 20 penalty units ($2200).
ROAD RULES 2008 – REG 287
Duties of a driver involved in a crash
(1) A driver involved in a crash must comply with this rule.
Maximum penalty: 20 penalty units.
Note:
“Crash” is defined in the Dictionary.
Note: The law of this jurisdiction also requires a driver involved in a crash to stop and give assistance to anyone who is injured.
(2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to:
(a) any other driver (or that driver’s representative) involved in the crash, and
(b) any other person involved in the crash who is injured, or the person’s representative, and
(c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).
(3) The driver must also give the driver’s required particulars, within the required time, to a police officer if:
(a) anyone is killed or injured in the crash, or
(b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2), or
(c) the required particulars for any other driver involved in the crash are not given to the driver, or
(d) a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or
(e) the police officer asks for any of the required particulars.
Note:
“Police officer” is defined in the Dictionary.
Note: Subrule (3) (e) is not uniform with the corresponding paragraph in rule 287 of the Australian Road Rules . However, the corresponding paragraph in the Australian Road Rules allows the required particulars to be given if another law of this jurisdiction requires a particular crash to be reported to a police officer. Different rules may apply in other Australian jurisdictions.
(4) For this rule:
“required particulars” , for a driver involved in a crash, means:
(a) the driver’s name and address, and
(b) the name and address of the owner of the driver’s vehicle, and
(c) the vehicle’s registration number (if any), and
(d) any other information necessary to identify the vehicle,
and, for subrule (3), includes an explanation of the circumstances of the crash.
Note:
“Driver’s vehicle” is defined in the Dictionary.
Note: This definition is not uniform with the corresponding definition in rule 287 of the Australian Road Rules . However, the corresponding definition in the Australian Road Rules allows the additional information to be provided to a police officer for the purposes of subrule (3) if another law of this jurisdiction requires the information to be given. Different definitions may apply in other Australian jurisdictions.
“required time” , for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.
