When do I have to provide police with a traffic crash report?

traffic lawsCurrent Law.

The Driver of a motor vehicle is required to furnish a traffic crash report to police as soon as possible to the nearest police station.

Section 92 of the Transport Operations (Road Use Management) Act 1995 and section 287 of the Queensland Road Rules require drivers involved in crashes and other incidents that result in more than $2 500 damage to report those incidents to police.

Drivers must also report to police if a person is injured or killed in the crash or a motor vehicle involved in the crash needs to be towed from the scene.

Maximum penalty –

  1.  if death or injury is caused to any person – 20 penalty units or imprisonment for one year; or
  2. otherwise – 10 penalty units or six months imprisonment.

Rationale for Change.

The $2 500 threshold has been in place for many years without being increased and no longer reflects a requirement to only report more serious crashes to police. This amount does not reflect the fact that a majority of crashes now involve damage exceeding $2 500 because modern vehicles are designed to crumple to preserve passenger safety.

Proposed Law

The Transport and Other Legislation Amendment Bill 2014 amends section 92 of the Transport Operations (Road Use Management) Act 1995 to remove the requirement to report crashes to police where property damage exceeds an amount fixed by regulation (currently $2 500).

Subsequently, the same requirement will be removed from the Queensland Road Rules.

Proposed Reporting Requirements

There will be a requirement to report crashes to police where:

  1. a person is injured or killed; or
  2. if any vehicle needs to be towed from the scene.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

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