RTCs Flashcards
Under s.170 of the Road Traffic Act 1988 when is an accident considered to have occurred?
IDAP
Injury caused to person (other than the driver of the MPV)
Damaged caused to another MPV (other than the MPV or a trailer drawn by it)
Animal not in or on that MPV or trailer drawn by it
Property on land on which the road or other public place is situated, or any adjacent land
Under s.170(8) of the Road Traffic Act 1988 which animals are included in the list of reportable animal collisions
CHAMPS DG Cattle Horse Ass Mule Pig Sheep Dog Goat
What are the driver obligations when a non injury road traffic collision occurs?
The driver of the MPV must stop and provide
Name and address
Name and address of the owner
Identification marks of the vehicle
What additional obligations does a driver have in an RTC where there is an injury
A certificate of insurance
Or security
Or evidence of third party insurance cover
What does case law tell us in regards to a drivers obligations at the scene of a collision?
A driver can not leave somebody else there in place of themselves
The driver must stay near the vehicle for a sufficient period of time
The driver is under to expressed or implied requirement to inquire into the whereabouts of the vehicles owner
If for any reason a person is unable to fulfil the driver obligations at the scene of the collision what must the driver do?
To comply with a duty to report an accident or to produce a certificate of insurance the driver:
Must do so at a police station or to a constable, and
Must do so as soon as is reasonably practicable and within 24hrs of the accident
What is the defence for failing to comply with driver obligations at the scene of a collision?
A person involved in an accident may have a defence if they did not realise the accident had occurred
Drivers knowledge - mens Rea is essential to the offence. No offence is committed by a driver who does not stop if they are unaware a collision has occurred (a HGV driver may be unaware of a collision due to size of vehicle and being unable to feel it)
When must a collision report be completed?
Reports are only required for collision involving
Injury or death
Or damage in cases where:
Section 170 of RTA 1988 has not been complied with
An offence committed contributes to the collision and there is sufficient evidence and it’s in the public interest to prosecute
Police officer on duty in an police authority owned vehicle or vehicle being used for police purposes involved in a collision with another party
Grounds for thinking that a vehicle defect was a contributory factor
Grounds for thinking that a defect in the road was a contributory factor
