Road Traffic Act - Failing to report an accident
Road Traffic Act - Failing to report an accident
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Discussion

Piglet

Original Poster:

6,250 posts

278 months

Thursday 21st October 2004
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Can someone supply me with the correct details for the section of the RTA relating to failing to report an accident. I want to quote it to our local bus company........

Thanks in advance!

Streetcop

5,907 posts

261 months

Thursday 21st October 2004
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Piglet..

Section 170 of the Road Traffic Act 1988 refers;


170.—(1) This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—
(a) personal injury is caused to a person other than the driver of that motor vehicle, or
(b) damage is caused—
(i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or
(ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.
(2) The driver of the motor vehicle 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 and the identification marks of the vehicle.

(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.


(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.

Hope that helps

Street

Piglet

Original Poster:

6,250 posts

278 months

Thursday 21st October 2004
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Cheers Streetcop

gh0st

4,693 posts

281 months

Thursday 21st October 2004
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Some ass in a peugeot almost hit me the other day does that count?

GreigM

6,740 posts

272 months

Thursday 21st October 2004
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I thought there was a caveat for busses and HGVs which meant they didn't have to stop at an accident?

Streetcop

5,907 posts

261 months

Thursday 21st October 2004
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Nope

Piglet

Original Poster:

6,250 posts

278 months

Thursday 21st October 2004
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No, they just don't stop!! Then the bus company deny the accident ever occured because you can't give them the reg number of their bus that drove straight off after the collision!

loaf

850 posts

284 months

Thursday 21st October 2004
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IIRC s170(1) RTA 1988 has been superseded by a stated case(s), can't remember the names, which held that you now have to report any accident regardless of whether injury or damage to property has occurred; also that you do not need to provide your own address but that of your solicitor will suffice...I think it may have been who posted on it a while back...

kevinday

13,676 posts

303 months

Thursday 21st October 2004
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[redacted]

Dwight VanDriver

6,583 posts

267 months

Friday 22nd October 2004
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loaf said:
IIRC s170(1) RTA 1988 has been superseded by a stated case(s), can't remember the names, which held that you now have to report any accident regardless of whether injury or damage to property has occurred; also that you do not need to provide your own address but that of your solicitor will suffice...I think it may have been who posted on it a while back...




Loaf may well be referring to the fact that S170 quoted above only mentions a road. SC inadvertently missed off the fact reporting accidents was further extended to "road or other public place" by M.V (Compulsory Insurance) Regs, 2000.

Regarding giving name and address -

in the case of R v McCarthy 1999 it was held that if one gives the address of your Solicitor then you comply. (The obvious inference is that if you give you address to thge other party he could use this to call in the heavies?)

DVD



>> Edited by Dwight VanDriver on Friday 22 October 07:29

loaf

850 posts

284 months

Friday 22nd October 2004
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kevinday said:
Loaf, An Act of Parliament cannot be superceded by a stated case, only confirmed. To overrule an Act of Parliament it needs to be repealed.

Case law acts as a precedent where 'real' law is silent.


Aha - ta for the clarification.

kevinday

13,676 posts

303 months

Friday 22nd October 2004
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My pleasure!

nicecupoftea

25,536 posts

274 months

Friday 22nd October 2004
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Buses are buggers for that - they have the best lawyers in the business

I had a little rear end a few years ago, really it was all of our faults - bus indicates and starts to pull out of bus stop, I go to overtake as I am too close really to abort the maneuovre. Car coming the other way but easily enough room for 3 cars - until the bus swings out to avoid a parked car. I locked the brakes, stopped in time, but the guy behind me punted me up the backside.

I still feel the injured party because I was already committed to the pass when the bus started pulling out, even though I could have stopped. However, if the bus driver had bothered to look (or care) he would have realised straight away what would happen when he swung out to pass the car. Plus if the guy behind me had been paying attention there would have been no problem.

Needless to say by the time I had got out of the car the bus had disappeared, the tosser!

Friend of mine had to run after a bus banging on his doors after the driver took the front of his car off - thought if he could get away from the scene the lawyers would get him off

I find the so-called "professional" drivers like buses very poor on the whole, they use their vehicles as a weapon. Often I see them pulling away from stops before indicating as somebody is passing with a traffic island coming up. Fair enough, let buses pull out as per HC, but that is just plain dangerous.

Piglet

Original Poster:

6,250 posts

278 months

Tuesday 26th October 2004
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That scenario is similar to the problem I'm dealing with. The bus pulled out of the bus stop into traffic that was already along side it and then just kept going! The incident was reported to the Police and to the bus company but funnily enough the bus driver either failed to report it or didn't notice that he'd scraped his bus along the entire side of a car!!

The works been done under the drivers insurance policy and he has protected ncb so we're prepared to take that on the chin but he has also paid a £300 excess.

The bus company currently say they can't do anything as there driver didn't report it to them.

I'm tempted to write to them a couple of times give them some time limits and then issue a claim in the small claims court and see what they say! I appreciate that there is no proof of the incident (other than the driver, passenger and the damage) but reckon that it's worth a flyer in the hope of a sympathetic judge!