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AC10, AC20 Insurance - Failing to stop/report after an accident

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An AC10 or AC30 driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so. More information can be found here.
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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—

  1. personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
  2. 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.

...


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


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Reference:

[1] The Road Traffic Act 1988

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Fail to stop/report sentencing guidelines

Fail to stop/report road accident
Road Traffic Act 1988, s.170(4)

Triable: Only summarily
Maximum: Level 5 Fine and/or 6 months

  • Must endorse and may disqualify. If no disqualification, impose 5 - 10 points.

Offence seriousness (culpability and harm)
A. Identify the appropriate starting point

Starting points based on first time offender pleading not guilty

Examples of nature of activity Starting Point Range

Minor damage/injury or stopped at scene but failed to exchange particulars or report

Band B Fine

Band B Fine
5 - 6 points

Moderate damage/injury or failed to stop and failed to report

Band C Fine

Band C Fine
7 - 8 points
Consider disqualification

Serious damage/injury and/or evidence of bad driving

High level community order

Band C Fine to 26 weeks custody
Disqualify 6 - 12 months
OR 9 - 10 points

Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors
(other than those within examples above)

Factors indicating higher culpability

Factors indicating lower culpability

1. Evidence of drink or drugs/evasion of test
2. Knowledge/suspicion that personal injury caused (where not an element of offence)
3. Leaving injured part at scene
4. Giving False details

1. Believed identity known
2. Genuine fear of retribution
3. Subsequently reported


Magistrates Must:

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed)

Consider ancillary orders, including compensation

Decide sentence
Give reasons

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For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit SGC - Sentencing Guidelines Council, Magistrates Court Sentencing Guidelines [online]. Available from http://www.sentencing-guidelines.gov.uk. ©Crown Copyright 2016.