Road Traffic Act 1961

Duties on occurrence of accident.

106

106. (1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

( a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;

F216 [ ( aa ) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance; ]

( b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

( c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

F217 [ ( d ) if

(i) injury is caused to property other than that of the driver of the vehicle and for any reason he or, if he is killed or incapacitated, the person then in charge of the vehicle does not at the place of the occurrence give the appropriate information to a person entitled under this section to demand it, or

(ii) injury is caused to a person other than the driver of the vehicle,

the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall, unless he had already given the appropriate information to a member of the Garda S í och á na, report the occurrence as soon as possible to such a member and, if necessary, shall go for that purpose to the nearest convenient Garda station and also give on demand the appropriate information to the member. ]

(2) Where—

( a) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and

( b) the member is not aware of the place where the vehicle is being kept,

the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement.

(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable F218 [ ]

( a) in a case in which injury is caused to person, F219 [ on summary conviction, ] to F220 [ a fine not exceeding 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and

F216 [ ( aa ) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2)

(i) does so with intent to escape civil or criminal liability, and

(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,

on conviction on indictment to a fine not exceeding 10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,

( ab ) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and

(i) knows that the person to whom injury has been caused is dead, or

(ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results,

on conviction on indictment to a fine not exceeding 20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment, ]

( b) in any other case, F219 [ on summary conviction, ] to F221 [ a fine not exceeding 1,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

F222 [ (3A) A member of the Garda S í och á na may arrest without warrant a person who in the member s opinion is committing or has committed an offence under subsection (3) of this section where the contravention involves or, as may be appropriate, involved non-compliance with paragraph (a) or (b) of subsection (1) of this section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the first-mentioned person is, or as may be appropriate, was in the member s opinion the driver of the vehicle concerned.

F216 [ (3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability. ] ]

(4) In this section “ appropriate information” means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920, or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act.

(5) The persons entitled under this section to demand the appropriate information are—

( a) in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise,

( b) in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property,

( c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.

(6) ( a) Where—

(i) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and

(ii) the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises,

the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection.

( b) On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant—

(i) authorise any specified member or members of the Garda Síochána to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and

(ii) authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search,

and any such warrant shall operate in accordance with its terms.

Annotations

Amendments:

F216

Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 17(a), (b) and (c), S.I. No. 147 of 2014.

F217

Substituted (1.09.1968) Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F218

Deleted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(a)(i), commenced on enactment.

F219

Inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(a)(ii) and (iii), commenced on enactment.

F220

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 23, S.I. No. 86 of 2007.

F221

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s 18(1)(a) and table part 1 ref. no. 24, S.I. No. 86 of 2007.

F222

Inserted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 45, S.I. No. 350 of 1994.

Editorial Notes:

E939

Prospective affecting provision: penalty points in respect of breach of duties on occurrence of accident under section imposed, on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 14, not commenced as of date of revision.

E940

Obligation to provide breath specimen following arrest under subs. (3A) and consequential procedure applied by Road Traffic Act 2010 (25/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(d), S.I. No. 542 of 2011.

E941

Procedure prescribed for detention of intoxicated drivers arrested under subs. (3A) (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 16, S.I. No. 543 of 2011.

E942

Powers of entry prescribed under subs. (3A) (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 39(1), S.I. No. 350 of 1994.

E943

Previous affecting provision: procedure prescribed for arresting a person under subs. (3A) by Road Traffic Act 1994 (7/1994), s. 13(1), as substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(b), commenced on enactment; s. 13 repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

E944

Previous affecting provision: fines in subs. (3) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 24, 25, S.I. No. 491 of 2002; subsection amended as per F-note above.

E945

Previous affecting provision: fines in subs. (3)(a) and (b) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. nos. 7 and 16, commenced on enactment; fines increased as per F-notes above.