Duty of Drivers at a Road Traffic Collision PDF

OFFICIAL Unit 9 Lesson 9...

OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Lesson Aim: The learner will be able to explain police considerations at the scene of a road traffic collision. Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Road traffic collisions are an everyday occurrence which, depending upon the 1. Explain the duties of a driver involved at circumstances, you may be called upon to the scene of a road traffic collision investigate and record. Furthermore, you may (pg. 2-7) be required to report some collision related offences to the Procurator Fiscal. Sections 170 (2) and 170 (6) of the Road Traffic Act 1988 as amended impose specific duties on the drivers involved in “reportable road traffic collisions”. 1 th Amended 6 August 2021 v.2 OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Reportable Road Collision Section 170 of the Act only applies if the collision falls into the “reportable category”. If, owing to the presence of a mechanically propelled vehicle on a road, or other public place, a collision occurs, then the collision is reportable in the following circumstances:- when there is personal injury to a person other than the driver of that vehicle when there is damage caused to another vehicle or trailer drawn by it when there is injury caused to an animal not being carried by that vehicle when damage to other property is caused, which is on or near the road Note:- “Property” includes anything constructed on, fixed to, growing in, or forming part of the road or land nearby. It does not include moveable items such as dustbins, traffic cones etc. Note:- For the purposes of the legislation, animal means any Horse, Cattle, Ass, Mule, Sheep, Goat, Pig or Dog. The following memory peg may assist. How Horse Can Cattle A Ass Motorist Mule See Sheep Good Goat People Pig Die Dog 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Section 170 (2) of the Act provides that a driver of a mechanically propelled vehicle involved in a “reportable road traffic collision” must:- 1. Stop and; 2. Supply the following details if required to do so by any person having reasonable grounds for requiring them:- A. the driver’s name and address B. the vehicle owner’s name and address; and C. the vehicle’s registration number Any person failing to comply with these requirements commits an offence. In addition to police officers, you might be asking, who else may have “reasonable grounds” for requiring them? Here are some examples:- A driver loses control of their motor vehicle and collides with and damages a garden fence. The driver in these circumstances has a duty to stop and provide details to any person having reasonable grounds who in this case would be the owner of the fence. Due to icy road conditions, a driver collides with a parked car, causing damage to both vehicles. They have a duty to stop and provide the owner of the parked car with the details required. As above the owner of the parked car is the person having reasonable grounds. A minor road traffic collision with no injuries normally involves both parties exchanging details. They would then inform their respective insurance companies, who would in turn deal with the circumstances. In these instances the police are not always required to attend road traffic collisions. Basically there is a duty on the driver to stop and provide details to the owner, or any other person, of any damaged vehicle, damaged property or injured animal. In some cases where the owner is not present, a friend or neighbour could be held as any other person. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Activity 1 A1 Have a look at the following road collisions and determine which ones you think are reportable. 1. Larry is riding his motorcycle down Mains Road, Brookbank, when he sees a friend and waves. In doing so he loses control and falls from his motorcycle. The motorcycle collides with a female pedestrian. Larry escapes with minor cuts and bruises whilst the woman sustains a bruised left leg and foot. Reportable/Non Reportable 2. Local farmer, Shiela, is driving her four wheel drive vehicle on High Street, Brookbank. She has her dog in her vehicle when she has to brake suddenly. The dog is flung forward and strikes it’s head on the windscreen which is badly cracked and the dog sustains a fractured skull. Shiela escapes without any injuries. No other vehicles are involved. Reportable/Non Reportable 3. Mr & Mrs Fleming are returning from a day at the local flower show. As they enter Burnside Drive, a neighbour’s cat runs out in front of their car and is killed instantly. Mrs Fleming loses control of the vehicle and strikes a stone wall which causes extensive damage to the car but no damage to the wall. Reportable/Non Reportable 4. Robert is driving his vehicle from the garage forecourt when he accidentally drives into the path and collides with an oncoming vehicle. Both vehicles are slightly damaged and there are no injuries. Reportable/Non Reportable 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Duty to Produce Insurance/Failure to Produce Insurance Section 170 (5) of the Act provides that in the case of a “reportable road collision” which involves personal injury to someone other than the driver concerned, the driver must produce their certificate of insurance at the time of the collision:- to a Constable; or to any other person having reasonable grounds for requiring it. If for any reason the certificate is not produced to the police or other person at the locus, the driver must report the collision at a police station or to a police Constable as soon as reasonably practicable, and in any case within 24 hours of the occurrence and, at that time should produce a certificate of insurance. However, if the driver fails to produce a certificate of insurance when required they commit an offence, unless the certificate is produced at a police station specified by them, within 7 days of the collision (HO/RT1) procedure. Duty to Report Section 170(6) of the Act provides that if for any reason the driver does not give their name and address under Section 170(2) they must report the collision in person at a police station or personally to a police Constable as soon as reasonably practicable, and in any case within 24 hours of the collision. Examples:- Having collided with and damaged a wall a motorist stops but cannot find the owner. She calls in at the first Police station she passes to report the collision. The driver of a car collides with a parked car, causing damage to both vehicles. No person knows where the owner of the other car is so the motorist drives away. The driver reports the collision to a patrolling police officer nearby. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision While travelling to work, a lorry driver, strikes and kills a dog. He stops but there is no one about. Now late for work he goes to work and completes his shift and on the way home calls in at a Police Office to report the matter. Any person failing to comply with this directive commits an offence under Section 170(6). Feedback 1 F1 1. Reportable 2. Non-reportable 3. Non-reportable 4. Reportable Statutory Defence It has been decided in court by way of a stated case, that a person charged with either Section 170(2) or section 170(6) will not be convicted if the defence can prove that the accused had no knowledge that an accident had occurred. Common sense is needed to decide whether or not, in the circumstances, a driver was aware of a collision. For example, the driver of a large articulated lorry may not be aware that the rear wheels have struck a roadside object, a glancing blow. On the other hand, the driver of a small car is likely to be aware of hitting almost anything. Note:- The investigation of drivers who fail to stop after a road collision is covered in lesson 5 “Duty to Give Information”. Once the suspect driver and vehicle have been traced, the use of powers under Section 172 of the Act should be considered in an attempt to confirm the identity of the driver at the time of the collision. Often the motive for failing to stop or report a collision is to avoid being caught drinking and driving, driving whilst disqualified, driving without insurance etc. This should be borne in mind in all cases, and appropriate action taken when necessary. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision Case Law Two motor cars were damaged in a collision, the drivers thereafter exchanged names and addresses. The accident was not intimated to any police officer or at any police station. It was held that a driver of a motor vehicle who had given his name and address at the time of the accident to a person having reasonable grounds for requiring him so to do had no duty to report the accident to the police. (Adair v. Fleming, 1932, SLT 263; 1932 JC 51.) At the locus of an accident (which involved slight injury to a child), the driver of the motor car concerned was neither asked for nor gave his name and address to any person having reasonable grounds for requiring same, nor did he report the accident to the police. It was held that he was rightly convicted under subsection (3) and that it was not necessary for the Crown to prove that he had not given his name and address to a person requiring them elsewhere than at the locus. In giving judgement, the Lord Justice- General (Normand) said, “Section 22, Road Traffic Act, 1930 (now Section 170 above) contemplates that the driver either gives his name and address to someone on the site of the accident, or, failing that, reports to the police within 24 hours. If the accused proves that he sought out somebody with an interest and reported to such person within the 24 hours, that might be a reasonable defence to a charge, but it would be for him to prove any such exceptional occurrence”. (Wood v. MacLean, 1947, SLT 22; 1947, JC 18.) An accused collided with a garden wall, got out of his car, looked at the damage and within a minute drove off. Held that subsection (2) required the driver to stop and remain on the scene for long enough to enable persons with a right to require information from him to do so. (Hynd v. O’Brien, 1990, SCCR 12.) 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 9 Duty of Drivers at a Road Traffic Collision For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Legislation - Road Traffic Act 1988 - Part VII Review: You can explain the duties of a driver involved at the scene of a road traffic collision Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 8 Road Policing OFFICIAL