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Difference between revisions of "Duties after a Motor Vehicle Collision (13:IV)"

From Clicklaw Wikibooks
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Pursuant to ''Motor Vehicle Act'' s 68(1), the driver of a vehicle involved in an accident must:
Pursuant to ''Motor Vehicle Act'' s 68(1), the driver of a vehicle involved in an accident must:


* a) Remain at the scene or return immediately
:a) Remain at the scene or return immediately


* b) Render all reasonable assistance, and
:b) Render all reasonable assistance, and


* c) Produce, in writing, their name and address, the registered owner’s name and address, the vehicle license number, and particulars of insurance.
:c) Produce, in writing, their name and address, the registered owner’s name and address, the vehicle license number, and particulars of insurance.


It is an offence to omit to do the duties specified in ''Motor Vehicle Act'' s 68(1). The reason or motive for leaving the scene is irrelevant. Since this is a strict liability offence, the defence of due diligence may be available to an accused.
It is an offence to omit to do the duties specified in ''Motor Vehicle Act'' s 68(1). The reason or motive for leaving the scene is irrelevant. Since this is a strict liability offence, the defence of due diligence may be available to an accused.
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=== 2. Criminal Code Provisions ===
=== 2. Criminal Code Provisions ===


Under ''Criminal Code'' s 320.16(1), “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”  
Under ''Criminal Code'' s 320.16(1), “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”


== B. Provide information ==
== B. Provide information ==
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