Road Traffic Act 1988, section 170

Duty of driver to stop, report accident and give information or documents

Part VII Miscellaneous and General

(1)This section applies in a case where, owing to the presence of a [F1181mechanically propelled vehicleF1181] on a road[F1182 or other public placeF1182] , an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that [F1181mechanically propelled vehicleF1181] , or

(b)damage is caused—

(i)to a vehicle other than that [F1181mechanically propelled vehicleF1181] or a trailer drawn by that [F1181mechanically propelled vehicleF1181] , or

(ii)to an animal other than an animal in or on that [F1181mechanically propelled vehicleF1181] or a trailer drawn by that [F1181mechanically propelled vehicleF1181] , or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road[F1183 or placeF1183] in question is situated or land adjacent to such land.

(2)The driver of the [F1181mechanically propelled vehicleF1181] 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 [F1181mechanically propelled vehicleF1181] 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.

(5)F1185If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F1184a motor vehicleF1184] does not at the time of the accident produce such a certificate of insurance ... or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a)to a constable, or

(b)to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6)F1186To comply with a duty under this section to report an accident or to produce such a certificate of insurance ... or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a)must do so at a police station or to a constable, and

(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F1187sevenF1187] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.

Definitions used in section 170 7

mechanically propelled vehicle

(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,

Defined in s.21(3) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
driver

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
trailer

“trailer” means a vehicle drawn by a motor vehicle.

Defined in s.185(1) · see it in the full Act
owner

may recover from the vehicle's owner (whether or not a claim is made under provision made under sub-paragraph (4) or (5) above) such charges as may be prescribed in respect of all or any of the following, namely its release, removal, custody and disposal; and “owner” means the person who was the owner when the vehicle was removed.

Defined in Sch.2A para.3(6) · see it in the full Act

“owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement,

Defined in s.192(1) · see it in the full Act
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
invalid carriage

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person,

Defined in s.185(1) · see it in the full Act

Cases considering section 170 11

Clark, R v

[2003] EWCA Crim 991 · 4 April 2003

Section 170 did not restrict the scope of the common law offence. The court also used the statutory reporting obligations to show that a failure to report was an omission and could not constitute the required act. (see paras [15]; [20]) The court applied the stated duty to stop and give name and address. It noted that the appellant had stopped and that no person was present to require those particulars. (see para [20]) The court applied the stated obligation to report an accident to a police station as soon as reasonably practicable where particulars were not given. It held that a failure to do so was an omission, not an act tending to pervert justice. (see para [20]) Cited only.

Magee v Crown Prosecution Service

[2014] EWHC 4089 (Admin) · 7 October 2014Interprets

Interprets the duty to stop and provide the driver’s and owner’s details and vehicle identification marks. The duty is subject to the defendant establishing genuine lack of knowledge or belief that the accident occurred (see paras [12], [20]-[23]). Applies the alternative duty to report the accident where the driver does not provide the required details. The same genuine-belief qualification governs whether the duty arises (see paras [4]-[5], [20]-[23]). Applies the offence provision to failure to comply with the duties to provide particulars or report an accident. The conviction depended on whether the appellant could establish genuine lack of knowledge or belief and whether voluntary intoxication could support that defence (see paras [1], [37]).

Parker, R (on the application of) v Bradford Crown Court

[2006] EWHC 3213 (Admin) · 20 December 2006

Applies the existing failure-to-stop, report and give-information offence to accidents caused by a vehicle in a road or, following the amendment, another public place. The conviction depended on the validity of the extension to public places (see paras [1], [4]-[5]).

What each judgment says about section 170 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F1181Words in s. 170(1)-(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 72(2); S.I. 1992/1286, art. 2,Sch.
  2. F1182Words in s. 170(1) inserted (3.4.2000) by S.I. 2000/726, art. 6(a)
  3. F1183Words in s. 170(1)(b)(ii) inserted (3.4.2000) by S.I. 2000/726, art. 6(b)
  4. F1185Words in s. 170(5) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 24(2) (with reg. 5)
  5. F1184Words in s. 170(5) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 72(3); S.I. 1992/1286, art. 2,Sch.
  6. F1186Words in s. 170(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 24(3) (with reg. 5)
  7. F1187Word in s. 170(7) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 72(4); S.I. 1992/1286, art. 2,Sch.

Modifications

  1. C205S. 170 modified by Energy Act 1976 (c. 76, SIF 44:3), s. 4(2), Sch. 1 para. 4(2) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 17(c))
  2. C206S. 170(5)-(7) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)