Queensland Consolidated Acts

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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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