Failing to Stop and Give Particulars
The offence of Fail to Stop and Give Particulars is found in under regulation 287 of the Road Rules 2014 (NSW) which deems a person guilty if fail to stop at the scene of the crash and give the driver’s required particulars.
If you’re involved in a car accident in NSW, failing to stop and provide your details can lead to serious consequences. Here’s what you need to know:
Understanding the Offence: Failing To Stop And Give Particulars
Failing to stop and give particulars after an accident is an offence under Regulation 287 of the Road Rules 2014. Here’s a breakdown:
- Driver’s Obligations: You must stop at the accident scene and provide your details to the other driver(s), injured parties, or property owners.
- Required Particulars: These include your name, address, vehicle owner’s details, registration, and any other necessary information to identify your vehicle.
- Contacting Police: While it’s not mandatory to call the police for every accident, you must contact them if there are injuries, suspected DUI, or property damage. Otherwise, you must report the crash within 24 hours under certain circumstances.
Potential Consequences:
- Penalties: The maximum penalty is a fine of 20 penalty units.
- Demerit Points: You may also lose demerit points and face fines up to $349.
- Legal Proceedings: If contested, the prosecution must prove that there was an accident, you were the driver, and you failed to stop or provide details.
Defences Available:
- Vehicle Ownership: If the vehicle is registered in your name but you weren’t driving, it’s a valid defence.
- Emergency Circumstances: Being in an emergency situation where stopping wasn’t feasible could be a defence.
- Reasonableness: If it wasn’t reasonable to stop or communicate due to aggressive behavior or other hazards, it could be a defence.
You could be given an infringement notice for Fail to Stop and Give Particulars if you:
- Have a single-vehicle crash and left the scene of the accident without providing detail.
- Bumped into a parked car in a car-park and failed to leave your details.
The Law
Under Regulation 287 the Road Rules 2014 the law of Fail to Stop and Give Particulars exists. The law states:
“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: any other driver (or that driver’s representative) involved in the crash, and any other person involved in the crash who is injured, or the person’s representative, and 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).
The driver must also give the driver’s required particulars, within the required time, to a police officer if: anyone is killed or injured in the crash, or the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2), or the required particulars for any other driver involved in the crash are not given to the driver, or 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 the police officer asks for any of the required particulars.”
What are required particulars?
For the purposes of this offence, “required particulars” includes:
- The driver’s name and address; and
- The name and address of the owner of the driver’s vehicle; and
- The vehicle’s registration (if any); and
- Any other information necessary to identify the vehicle.
If required to provide details to a police officer, the driver must also include an explanation of the circumstances of the accident.
What are the maximum penalties for this offence?
The maximum penalties for Fail to Stop and Give Particulars in NSW is:
- Fine of $349
- 3 demerit points.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.