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

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.

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

[1] The Road Traffic Act 1988

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Fail to stop/report sentencing guidelines

Triable: Only summarily
Maximum: Unlimited Fine and/or 6 months

The court should determine the offence category:

• Category 1 - Higher culpability and greater harm
• Category 2 - Higher culpability and lesser harm OR lower culpability and greater harm
• Category 3 - Lower culpability and lesser harm

The court should determine the offender's culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

• Offence committed in circumstances where a request for a sample of breath, blood or urine would have been made had the offender stopped
• Offence committed by offender seeking to avoid arrest for another offence
• Offender knew or suspected that personal injury caused and/or left injured party at scene
• Giving false details

Factors indicating lower culpability

• All other cases

HARM demonstrated by one or more of the following:

Factors indicating greater harm

• Injury caused
• Significant damage

Factors indicating lesser harm

• All other cases

Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below.

• Must endorse and may disqualify. If no disqualification impose 5 - 10 penalty points
• Extend disqualification if imposing immediate custody

Starting point applies to all offenders irrespective of plea or previous convictions

The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors

• Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
• Offence committed whilst on bail

Other aggravating factors

• Little or no attempt made to comply with duty
• Evidence of bad driving
• Failure to comply with current court orders
• Offence committed on licence or post sentence supervision

Factors reducing seriousness or reflecting personal mitigation

• No previous convictions or relevant/recent convictions
• Good character and/or exemplary conduct
• Remorse
• Reasonably believed identity known
• Genuine fear of retribution
• Significant attempt made to comply with duty
• Age and/or lack of maturity where it affects the responsibility of the offender
• Serious medical condition requiring urgent, intensive or long-term treatment
• Mental disorder or learning difficulty
• Sole or primary carer for dependent relatives

The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.

The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and guilty plea guidelines.

If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the offences taken into consideration and totality guidelines.

In all cases, the court should consider whether to make compensation and/or other ancillary orders including disqualification from driving.

Section 17 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.

The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.

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For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit Sentencing Council, Magistrates Court Sentencing Guidelines [online]. Available from https://www.sentencingcouncil.org.uk/the-magistrates-court-sentencing-guidelines/. ©Crown Copyright 2021.