AC10, AC20 Insurance - Failing to stop/REPORT after an accident
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Fail to stop and/or report an accident
Failure to stop after an accident and failure to report an accident are two separate & distinct offences. A driver can be convicted of both offences.
| Under s. 170 of The Road Traffic Act 1988 [1] drivers have a duty to stop, report and give information or documents after an accident, it states: |
(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—
- personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
- damage is caused—
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.
(2) The driver of the mechanically propelled 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 mechanically propelled 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.
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Failure to stop after an accident
Any driver of a mechanically propelled vehicle on a road or other public place which is involved in an accident must stop, and if required to do so by any person who has reasonable grounds for so requiring, give their name, address and identification marks of the vehicle. If they are not the legal owners of the vehicle they must also give the name and address of the owner of the vehicle.
A driver must stop at the scene of any accident and remain there for a sufficient time to enable any person who has a reasonable ground for doing so to request all required details from the driver. A driver does not have to wait indefinitely and does not have to make enquiries at the scene in order to find out if there is anyone entitled to the statutory information.
Any driver who does not stop after an accident as outlined above will be guilty of an offence.
DVLA Endorsement Code - AC10
DVLA offence code AC10 (failing to stop after an accident) will be endorsed on the driving licence of anyone convicted of this offence. The endorsement must remain on a driving licence for a period of 4 years from the date of offence.
The maximum penalty for this offence is a level 5 fine and/or 6 months imprisonment
Disqualification is discretionary and endorsement is obligatory with 5 - 10 penalty points
AC10 Fail to Stop Magistrate Sentencing Guidelines
Failure to Report an accident
If for any reason the driver of a mechanically propelled vehicle that is involved in an accident fails to give their name, address and identification marks of the vehicle to any person who has reasonable grounds for so requiring, they MUST report the accident at a police station OR to a police constable as soon as is reasonably practicable and in any event they must report the accident within 24 hours of the accident occurring.
A driver must report the accident at a police station or to a police constable in person. A telephone report is not acceptable. A driver must also produce their certificate of insurance at the time of reporting the accident, however, if this is not possible they can produce it within seven days at a police station which can be specified at the time of reporting the accident.
Any driver who does not report an accident when required to do so, as outlined above, will be guilty of an offence.
DVLA Endorsement Code - AC20
DVLA offence code AC20 (failing to give particulars or to report an accident within 24 hours) will be endorsed on the driving licence of anyone convicted of this offence. The endorsement must remain on a driving licence for a period of 4 years from the date of offence.
The maximum penalty for this offence is a level 5 fine and/or 6 months imprisonment
Disqualification is discretionary and endorsement is obligatory with 5 - 10 penalty points
AC20 Fail to Report Magistrate Sentencing Guidelines
Reference
[1] The Road Traffic Act 1988 |
