Had an accident? Do you really know what to do?
Discussion
Just out of interest, following on from another recent thread, it would appear that there are quite a lot of people that do not understand the law in relation to obligations between drivers. This has nothing to do with fault or blame but merely gives the rules for dealing with each other after a collision.
Do you really know what the law states and if you are unlucky enough to be invovled, can you be sure you are complying with Section 170 Road Traffic Act 1988?
In a nut shell.
Sect 170(1)
It applies to any Mechanically propelled vehicle and not just Motor vehicles. Dumper trucks and lawn mowers are subject to this rule!
a)& b) It applies whether injury or damage is caused other than yourself or to the vehicle or trailer you are towing. It also includes any *ANIMAL * (special classes apply) other than one in or on your vehicle.
Sect 170 (2)
You MUST STOP and give your name and address if required by ANY PERSON having reasonable grounds to require them. Your details may be required by anyone not even directly involved in the crash SO BE CAREFUL!!!
(R v Macarthy, The Times, 8th January 1999) states that you can give the address of your solicitor in place of your own!!!
Sect 170(3)
If you do not give your name and address (or your solicitors) to ANYONE who reasonably requires it, you must report the accident!
Sect 170(5)
If you do not produce a certificate of insurance at the time of the crash, to a Police Officer or anyone who has reasonable grounds for requiring it, You MUST report the accident and produce insurance at the same time.
Sect 170(6)
If you fail to comply with Any obligation above re name/address/insurance at the time of the crash, you must
a) do so to a Police Officer or Police station
b) do so as soon as is reasonably practicable and in any case within 24 hours
Notes for guidance (from case law)
1. The duty to provide name and address also includes the neame and address of the owner of the vehicle (DPP v Bennett [1993]RTR 175)
2. As above you can give your solicitors address in place of your own (R v Macarthy, The Times, 8th January 1999)
3. You must comply with this duty regardless of blame but the driver must know of the accident. (Harding v Price [1948] 1 All ER 283)
4. Damaged caused under circumstances in Section 170(1) above applies to any vehicle and not one which is mechanically propelled (bicycles and trailers)
5. If the only damage caused is to the vehicle itself, injury caused to the driver alone or any animal in/on the vehicle, then the accident is not reportable. It will be reoprtable if a (human)passenger in the vehicle is injured.
6. The accident must be on a road and not private premises. (this does not negate provisions for insurance issues which apply in public places, some of which could be private land!)
7. You must not drive past a Police Station and report the incident without stopping at that station. This is the meaning of reporting it as soon as reasonably practicable. There is no requirement that you actively search out the nearest one, but having got home, you should go straight to your local one. Not go to the gym, pub, visit Aunt Mable before you do so.
8. Animals include
Horse, Cattle, Ass, Mule, Sheep, Pig, Goat, Dog.
Cats are not included shame Mrs Wildcat, you are advised to take note
>>> Edited by gone on Wednesday 16th June 13:06
Do you really know what the law states and if you are unlucky enough to be invovled, can you be sure you are complying with Section 170 Road Traffic Act 1988?
In a nut shell.
Sect 170(1)
It applies to any Mechanically propelled vehicle and not just Motor vehicles. Dumper trucks and lawn mowers are subject to this rule!
a)& b) It applies whether injury or damage is caused other than yourself or to the vehicle or trailer you are towing. It also includes any *ANIMAL * (special classes apply) other than one in or on your vehicle.
Sect 170 (2)
You MUST STOP and give your name and address if required by ANY PERSON having reasonable grounds to require them. Your details may be required by anyone not even directly involved in the crash SO BE CAREFUL!!!
(R v Macarthy, The Times, 8th January 1999) states that you can give the address of your solicitor in place of your own!!!
Sect 170(3)
If you do not give your name and address (or your solicitors) to ANYONE who reasonably requires it, you must report the accident!
Sect 170(5)
If you do not produce a certificate of insurance at the time of the crash, to a Police Officer or anyone who has reasonable grounds for requiring it, You MUST report the accident and produce insurance at the same time.
Sect 170(6)
If you fail to comply with Any obligation above re name/address/insurance at the time of the crash, you must
a) do so to a Police Officer or Police station
b) do so as soon as is reasonably practicable and in any case within 24 hours
Notes for guidance (from case law)
1. The duty to provide name and address also includes the neame and address of the owner of the vehicle (DPP v Bennett [1993]RTR 175)
2. As above you can give your solicitors address in place of your own (R v Macarthy, The Times, 8th January 1999)
3. You must comply with this duty regardless of blame but the driver must know of the accident. (Harding v Price [1948] 1 All ER 283)
4. Damaged caused under circumstances in Section 170(1) above applies to any vehicle and not one which is mechanically propelled (bicycles and trailers)
5. If the only damage caused is to the vehicle itself, injury caused to the driver alone or any animal in/on the vehicle, then the accident is not reportable. It will be reoprtable if a (human)passenger in the vehicle is injured.
6. The accident must be on a road and not private premises. (this does not negate provisions for insurance issues which apply in public places, some of which could be private land!)
7. You must not drive past a Police Station and report the incident without stopping at that station. This is the meaning of reporting it as soon as reasonably practicable. There is no requirement that you actively search out the nearest one, but having got home, you should go straight to your local one. Not go to the gym, pub, visit Aunt Mable before you do so.
8. Animals include
Horse, Cattle, Ass, Mule, Sheep, Pig, Goat, Dog.
Cats are not included shame Mrs Wildcat, you are advised to take note
>>> Edited by gone on Wednesday 16th June 13:06
I hit a dog once (and killed it) and went straight to Lichfield police station to report it (8pm ish) and there was no-one there, good service hey.
So I called into the police station next to my office the next day to report it. The officer that came out to see me, said "so what you telling me for" I said I wasn't sure of I had to report it so thought it best I did. Oh and this was a traffic copper - I had to wait for him to get back as the desk said you'll need traffic.
He took a statement cracking jokes the whole time, which to be fair was kind of funny. Then months later I got a letter saying they would be taking no action. I will say it wasn't my fault as I'd come to a stop and the dog ran flat out into the front of my car, I think a car coming the otherway had already hit it.
So I called into the police station next to my office the next day to report it. The officer that came out to see me, said "so what you telling me for" I said I wasn't sure of I had to report it so thought it best I did. Oh and this was a traffic copper - I had to wait for him to get back as the desk said you'll need traffic.
He took a statement cracking jokes the whole time, which to be fair was kind of funny. Then months later I got a letter saying they would be taking no action. I will say it wasn't my fault as I'd come to a stop and the dog ran flat out into the front of my car, I think a car coming the otherway had already hit it.
Sect170.5 said:I bet that's one most people didn't know.
If you do not produce a certificate of insurance at the time of the crash, to a Police Officer or anyone who has reasonable grounds for requiring it, You MUST report the accident and produce insurance at the same time.
Bonce said:I rather think it is intended that you must report the incident at the first police station you come to (e.g. if you are intending to report it at your local cop shop but you come upon another beforehand).
You must not drive past a Police Station and report the incident without stopping at that station.
Streaky
gone said:
8. Animals include
Horse, Cattle, Ass, Mule, Sheep, Pig, Goat, Dog.
Cats are not included shame Mrs Wildcat, you are advised to take note
>>> Edited by gone on Wednesday 16th June 13:06
Ach! Furballs! Miaow-ouch! So wild mad moggie tom and tabby cats not included in the list ...should have known getting nine lives had its downside!
How about lionesses?
Ta for the info!
WildCat said:If you run over a lioness, do not get out of the car! Especially if she has cubs nearby! Drive straight to the nearest police station and explain what happened. The nice policeperson will then breathalise you and probably arrest you for wasting police time, because there are no "big cats" on the loose in Britain! I'm sure Mr Bliar will agree with me - Streaky
8. Animals include
Horse, Cattle, Ass, Mule, Sheep, Pig, Goat, Dog.
Cats are not included shame Mrs Wildcat, you are advised to take note
>>> Edited by gone on Wednesday 16th June 13:06
Ach! Furballs! Miaow-ouch! So wild mad moggie tom and tabby cats not included in the list ...should have known getting nine lives had its downside!
How about lionesses?
Ta for the info!
PS - originally typed "wild cats" but realised just in time
- SGassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff