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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 92
Duties and liabilities of drivers involved in road incidents
92 Duties and liabilities of drivers involved in road incidents
(1) The driver of any vehicle, tram or animal involved on any road, or of any
motor vehicle involved elsewhere than on a road, in an incident resulting in
injury to or death of any person shall— (a) immediately stop the vehicle,
tram or animal; and
(b) if any person is injured— (i) remain at or near the
scene of the incident and immediately render such assistance as the driver can
to the injured person; and
(ii) make reasonable endeavours to obtain such
medical and other aid as may reasonably be required for the injured person;
and
(c) if any person is dead or apparently dead— (i) remain at or near the
scene of the incident; and
(ii) exhibit proper respect for the person’s
body and take whatever steps are reasonably practicable to have the body
removed to an appropriate place.
Penalty— Maximum penalty— (a) if
the incident results in the death of or grievous bodily harm to a person—120
penalty units or 3 years imprisonment; or
(b) otherwise—20 penalty units or
1 year’s imprisonment.
(2) If the court convicts a person of an offence
against subsection (1) in the circumstances mentioned in paragraph (a) of the
penalty, the court, whether or not any other sentence is imposed, must
disqualify the person from holding or obtaining a Queensland driver licence
for a period of at least 6 months.
(3) Despite subsection (1) (b) (i) and
(c)(i), the driver may leave the scene of the incident solely for the purpose
of— (a) if a person is injured—obtaining medical or other aid for the
person; or
(b) if a person is dead or apparently dead—arranging for the
removal of the person’s body to an appropriate place.
(4) If in determining
a complaint for an offence against subsection (1) the court is satisfied that
the defendant showed a callous disregard for the needs of a person injured in
the incident, the court shall impose, as the whole or part of the sentence, a
period of imprisonment.
(5) A person who reports the happening of an incident
mentioned in subsection (1) to the Queensland Police Service knowing the
report to be false commits an offence. Penalty— Maximum penalty—40
penalty units or 6 months imprisonment.
(6) In a proceeding for an offence
against this section, the incident may be specified by reference to the
approximate time and place thereof or to the person or persons involved or
otherwise so as to sufficiently identify it.
(7) Nothing in this section
shall prejudice or affect the provisions of the Criminal Code or any Act
relating to traffic or transport and, notwithstanding an order of
disqualification under subsection (2) or for any specified period made under
the Penalties and Sentences Act 1992 , section 187 , upon a conviction of any
person for an offence against this section resulting from any road incident
hereinbefore mentioned in this section, if that person is subsequently
convicted upon indictment of any offence in connection with or arising out of
the same road incident, the judge of the Supreme Court or District Court
before whom that person is so convicted, in addition to any sentence the judge
may impose, may order that the offender shall, from the date of the conviction
upon indictment, be disqualified absolutely from holding or obtaining a
Queensland driver licence.
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