Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 93

93 Duties of drivers involved in crashes—stopping and providing information

(1) This section applies to a driver involved in a crash on a road or road-related area.

(2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to—

(a) any other driver involved in the crash; and

(b) any other person involved in the crash who is injured; and

(c) the owner of any property (including any vehicle or animal) damaged in the crash, unless, for damage to a vehicle or animal, the particulars are given to the driver of the vehicle or animal.

Penalty—

Maximum penalty—20 penalty units.

(3) For subsection (2) , the required particulars may be given to a person by giving the particulars to the person’s representative.

(4) Also, the driver must, within the required time, give the driver’s required particulars to a police officer if—

(a) a person is killed or injured in the crash; or

(b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subsection (2) ; or

(c) the required particulars for any other driver involved in the crash are not given to the driver; or

(d) a motor vehicle involved in the crash is towed or carried away by another vehicle.

Penalty—

Maximum penalty—20 penalty units.

(5) Subsection (2) does not apply if the driver—

(a) reasonably believes stopping and giving the driver’s required particulars to a person under the subsection would be likely to expose the driver or someone else to harm; and

Examples for paragraph (a)—

• the driver, who has experienced domestic violence from a person, reasonably believes that stopping and giving the required particulars to the person would be likely to expose the driver to emotional, financial or physical harm from the person

• the driver, who is a child, reasonably believes that stopping and giving the required particulars to an adult who is unknown to the child would be likely to expose the child to emotional or physical harm from the adult

(b) gives the driver’s required particulars to a police officer under subsection (4) .

(6) In this section—

"crash" means—

(a) a collision between 2 or more vehicles or animals; or

(b) another accident or incident involving a vehicle in which a person is killed or injured, property is damaged or an animal in someone’s charge is killed or injured.

"driver" does not include—

(a) a person mentioned in schedule 4 , definition pedestrian , paragraph (a) , (b) or (c) ; or

(b) a person walking beside and pushing a bicycle or personal mobility device.

"required particulars" , for a driver involved in a crash, means—

(a) the driver’s name and address; and

(b) the name and address of the owner of the driver’s vehicle; and

(c) the vehicle’s registration number, if any; and

(d) any other information necessary to identify the vehicle.

"required time" , for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.

"vehicle" includes a tram and train, but does not include—

(a) a motorised mobility device; or

(b) a wheelchair; or

(c) a wheeled recreational device; or

(d) a wheeled toy.