Part 4Incidents on roads and other areas#

92Duties and liabilities of drivers involved in incidents resulting in injury or death#

  1. (1)The driver of a vehicle, tram or animal involved on a road or road-related area, or of a motor vehicle involved elsewhere than on a road or road-related area, in an incident resulting in injury to or death of a person must—
  2. (a)immediately stop the vehicle, tram or animal; and
  3. (b)if a person is injured—
  4. (i)remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and
  5. (ii)make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and
  6. (c)if a person is dead or apparently dead—
  7. (i)remain at or near the scene of the incident; and
  8. (ii)exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place.

Maximum penalty—

  • (a) if the incident results in the death of or grievous bodily harm to a person—120 penalty units or 3 years imprisonment; or
  • (b) otherwise—20 penalty units or 1 year’s imprisonment.
  1. (2)If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.
  2. (3)Despite subsection (1)(b)(i) and (c)(i), the driver may leave the scene of the incident solely for the purpose of—
  3. (a)if a person is injured—obtaining medical or other aid for the person; or
  4. (b)if a person is dead or apparently dead—arranging for the removal of the person’s body to an appropriate place.
  5. (4)If in determining a complaint for an offence against subsection (1) the court is satisfied that the defendant showed a callous disregard for the needs of a person injured in the incident, the court shall impose, as the whole or part of the sentence, a period of imprisonment.
  6. (5)A person who reports the happening of an incident mentioned in subsection (1) to the Queensland Police Service knowing the report to be false commits an offence.
  7. (6)In a proceeding for an offence against this section, the incident may be specified by reference to the approximate time and place of the incident or to the person or persons involved or otherwise so as to sufficiently identify it.
  8. (7)Nothing in this section shall prejudice or affect the provisions of the Criminal Code or any Act relating to traffic or transport and, notwithstanding an order of disqualification under subsection (2) or for any specified period made under the Penalties and Sentences Act 1992, section 187, if a person is convicted of an offence against subsection (1) in relation to an incident and a court subsequently convicts the person on indictment for another offence relating to the incident, the court may, in addition to any sentence the court may impose for the subsequent conviction, order that, from the day of the subsequent conviction, the offender is disqualified absolutely from holding or obtaining a Queensland driver licence.

Maximum penalty—40 penalty units or 6 months imprisonment.

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

  1. (1)This section applies to a driver involved in a crash on a road or road-related area.
  2. (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—
  3. (a)any other driver involved in the crash; and
  4. (b)any other person involved in the crash who is injured; and
  5. (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.
  1. (3)For subsection (2), the required particulars may be given to a person by giving the particulars to the person's representative.
  2. (4)Also, the driver must, within the required time, give the driver's required particulars to a police officer if—
  3. (a)a person is killed or injured in the crash; or
  4. (b)the driver does not, for any reason, give the driver's required particulars to each person mentioned in subsection (2); or
  5. (c)the required particulars for any other driver involved in the crash are not given to the driver; or
  6. (d)a motor vehicle involved in the crash is towed or carried away by another vehicle.
  1. (5)Subsection (2) does not apply if the driver—
  2. (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
  1. (b)gives the driver's required particulars to a police officer under subsection (4).
  2. (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.

94Scheme to facilitate supply of information relating to incidents#

  1. (1)The commissioner or the chief executive, may authorise a scheme to facilitate the supply of information in the possession of a police officer or contained in a writing prepared by a police officer, as to the facts relating to any incident whereby, owing to the presence on a road or road-related area of a vehicle, tram, train or animal, death or injury has been caused to any person, or damage has been caused to any property (including any animal in the charge of any person) to any person who or whose property has been involved in that incident, or to the agent, servant or other representative of that person, and to any insurer or other person having a bona fide interest in that incident.
  1. (2)Any such scheme may provide for the payment of fees for the supply of that information on any basis or bases set out in the scheme.
  2. (3)The State, the Minister, the commissioner, a police officer, the chief executive or someone else authorised by the chief executive is not civilly or criminally liable for supplying information under a scheme.
Source: TORUM Act 1995 · pages 286–291 Open PDF at this page Search this document