Fail to Stop and Give Assistance

In certain situations, a person involved in a traffic accident is required to stop and provide assistance. As such, it is an offence under section 16 of the Road Transport (Safety and Traffic Management) Act to knowingly fail to stop and provide assistance that is both necessary and within the person’s power to give in certain circumstances.

The obligation to stop and render assistance applies to a person if:

  1. They were a driver of a vehicle or a rider of an animal;
  2. That vehicle or animal was involved in a traffic accident on a road or road-related area; and
  3. The traffic accident resulted in a death or an injury.

For the purpose of this section, section 15 of the same act defines a traffic accident as either:

  1. A collision between two or more vehicles or a vehicle and an animal; or
  2. Any other accident/incident involving a vehicle or animal where a person dies, is injured, property is damaged or an animal dies or is injured.


The maximum penalty if you are convicted of failing to stop and give assistance is 200 penalty units and/or two years imprisonment.

Regardless of how bad an accused’s traffic record is the court has a discretion as to whether to record a conviction against them for this offence. If the court decides not to record a conviction, they will not be disqualified from driving. Section 17 of the Crimes (Sentencing) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal. 


In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.


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