Perils associated with a winter wonderland
Although some may be hoping for a white Christmas and for children the recent cold snap brought the pleasure of being able to play in the snow, for motorists, snow and ice bring additional problems. For those who are unfortunately involved in minor bumps, the last thing that they want is a summons for failing to comply with the correct procedure.
The law states that a driver is required to stop his vehicle if an accident occurs owing to the presence of a vehicle on a road or other public place in which there is either personal injury to someone other than the driver of the vehicle or damage is caused to another vehicle, an animal or to any property attached to land on which the road is situated or adjacent to the road. There would therefore be a requirement if there was a minor collision between two cars on say a car park to which the public had access, which resulted in damage or if due to icy conditions a driver was unable to control a skid and slid into and damaged a house's garden wall or fence.
There is an additional requirement is to give, to anyone having reasonable grounds to require, the driver's name and address, the name and address of the owner of the vehicle and the registration mark of the vehicle. If the driver does not do this, then he must report the accident at a police station or to a police constable, as soon as reasonably practicable and in any case within 24 hours.
Provisions for failing to comply with the requirement are strict and reflect the seriousness of the offence. The maximum penalty is 6 months imprisonment and/or a fine of up to £5000. Where the court imposes a custodial sentence then the driver can also be disqualified and the court is likely to fix the period of disqualification so that it is served after the period of release. Recent legal arguments that the requirement to provide the information was a breach of the right to silence and not to incriminate oneself have failed.
Topics
- January 2012 - Traffic Commissioners issue guidance for applications for operator licences during the Olympics
- January 2012 - Traffic Commissioners issue guidance for applications for operator licences during the Olympics
- December 2011 - A new approach from Traffic Commissioners to public inquiries
- November 2011 - VOSA introduces new application form for an operator’s licence
- October 2011 - Operator licence holders – don’t miss the 17 October deadline
- September 2011 - Being green – but still need a tachograph
- August 2011 - Tachograph offences – what constitutes driving?
- July 2011 - Face to face with the Traffic Commissioner
- July 2011 - Directory of detailed advice given in Topic of the Month articles.
- June 2011 - MOTs – get VOSA on side
- May 2011 - Traffic Commissioners get tough with Transport Managers
- April 2011 - Financial standing for operators – another nail in the coffin of the small haulier?
- March 2011 - Changes to drink drive laws
- February 2011 - Car insurance – is yours valid?
- January 2011 - An operator’s licence or not an operator’s licence?
- December 2010 - Stuck in traffic - no joke
- November 2010 - Getting the message across
- September 2010 - New drivers - make sure that you are insured.
- August 2010 - A change of mind
- July 2010 - Legal costs – a victory for the innocent
- June 2010 - Taking an LGV driving test - make sure you know the rules
- May 2010 - Driver unable to find safe parking
- April 2010 - How soon do I need to “report “ an accident?
- February 2010 - Pitfalls when applying for an operator's licence
- January 2010 - Called to Public Inquiry ?
- December 2009 - Careless talk costs points on the licence
- November 2009 - Your NIP is in the post!
- October 2009 - Thinking of making an application of an operator's licence?
- September 2009 - Are VOSA targeting the right vehicles?
- August 2009 - The new driver CPC - the hidden costs for non-compliance
- July 2009 - Driver defect reporting- yet more paper filling or the key to successful operation?
- June 2009 - Beware of the dangers of summer drinking
- May 2009 - Taking the penalty
- April 2009 - New "L" plate proposals
- March 2009 - Duties to the Traffic Commissioner when a business fails
- February 2009 - Don't get caught without an operator's licence
- January 2009 - How to lose your operator's licence without thinking
- December 2008 - Perils associated with a winter wonderland
- November 2008 - Time to get tough on Working Time
- October 2008 - Blue badge parking - abuse and reform
- September 2008 - New provisions for careless driving.
- August 2008 - All change to operator licensing
- July 2008 - First impressions count