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FAILURE TO STOP OR REPORT |
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The road traffic legislation in Scotland imposes certain duties on the driver of a motor vehicle when an accident occurs. The basic duties are contained within
Section 170 of the Road Traffic Act 1988 and are as follows:
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(a) |
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The driver 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 of the vehicle and its registration mark;
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(b) |
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If for any reason the
driver of the vehicle does not give his name and address, he must report the
accident;
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(c) |
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To comply with the duty to report an accident under this section, the driver must do so at a police station or to a constable and must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
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The Courts have always taken a dim view of offences committed under this section of the Road Traffic Act, presumably on the basis that there can be an inference that a driver is trying to get away with something or has something to hide.
Typically, when assessing the seriousness of the offence, Courts will take into consideration whether there was any evidence of drinking, the seriousness of the accident, etc. Corollary to this, the Court should also be advised of any mitigating factors. For example, it is common for a driver to leave the scene of an accident due to fear of retaliation or simply because the accident was so minor that it would be deemed to be a waste of police time to report the matter. |
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ml@theroadtrafficlawyer.com |
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