Regulation 287 the Road Rules 2014 (NSW) 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.”
“Required Particulars”, for a driver involved in a crash, means:
the driver’s name and address, and
the name and address of the owner of the driver’s vehicle, and
the vehicle’s registration number (if any), and
any other information necessary to identify the vehicle.
In addition, if required to provide details to a police officer, the driver must also include an explanation of the circumstances of the accident.
In NSW, the following possible penalties for a Fail to Stop and Give Particulars charge are:
The maximum penalty is a fine of $2200
Please note that the penalties mentioned are reserved for the worse case offending.
Statistics reveal that for Fail to Stop and Give Particulars 73% of offenders received a fine.
As the nature of Fail to Stop and Give Particulars offence in law is a criminal one, the burden of proof is on the Prosecution.
The prosecution must prove beyond a reasonable doubt:
Those charged with Fail to Stop and Give Particulars, the following defences can be put forth in the dispute:
For Fail to Stop and Give Particulars, Rep-Revive Criminal & Employment Lawyers® offers the following options:
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