Failing to Stop or Report an Accident (Section 170 Road Traffic Act 1988)

Road Traffic Act 1988, s.170(4)

Summary only
6 months' custody or a level 5 fine or both

Definition

This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which (a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or (b) damage is caused (i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land. (Road Traffic Act 1988, s.170(1)) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle. (Road Traffic Act 1988, s.170(2)) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident. (Road Traffic Act 1988, s.170(3)) A person who fails to comply with subsection (2) or (3) above is guilty of an offence. (Road Traffic Act 1988, s.170(4))

Points to prove

Owing to the presence of a mechanically propelled vehicle on a road or other public place
an accident occurs
by which personal injury is caused to a person other than the driver, or damage is caused to another vehicle, to an animal (horse, cattle, ass, mule, sheep, pig, goat or dog) not in or on that vehicle or its trailer, or to property forming part of the road or adjacent land
the driver of that vehicle
fails to stop, or fails when required by a person having reasonable grounds to give his name and address, the owner's name and address and the identification marks of the vehicle
or, not having given his name and address, fails to report the accident at a police station or to a constable as soon as reasonably practicable and in any case within 24 hours

Failing to Stop or Report an Accident is an offence under s.170(4) Road Traffic Act 1988. The section applies where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which personal injury is caused to a person other than the driver, or damage is caused to another vehicle, to an animal (meaning horse, cattle, ass, mule, sheep, pig, goat or dog) not in or on that vehicle or its trailer, or to property forming part of the road or adjacent land (s.170(1) and (8)). The driver must stop and, if required by any person having reasonable grounds, give his name and address, the owner's name and address and the identification marks of the vehicle (s.170(2)); if for any reason he does not give his name and address he must report the accident (s.170(3)), at a police station or to a constable, as soon as reasonably practicable and in any case within twenty-four hours of the accident (s.170(6)). A person who fails to comply with subsection (2) or (3) is guilty of an offence (s.170(4)). Maximum sentence on summary conviction: six months or a fine at level 5 on the standard scale or both, with discretionary disqualification and obligatory endorsement of 5 to 10 points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Summary only
Maximum sentence: 6 months' custody or a level 5 fine or both
Act and section: Road Traffic Act 1988, s.170(4)
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence; and if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it. The power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons in s.24(5) it is necessary to arrest the person, those reasons being to ascertain the person's name or address, to prevent the person causing physical injury to himself or any other person, suffering physical injury, causing loss of or damage to property, committing an offence against public decency or causing an unlawful obstruction of the highway, to protect a child or other vulnerable person from the person, to allow the prompt and effective investigation of the offence or of the conduct of the person, or to prevent any prosecution for the offence from being hindered by the disappearance of the person (Police and Criminal Evidence Act 1984, s.24(1) to (5)).
Search on arrest: A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer, and a person who fails to comply is guilty of an offence (Road Traffic Act 1988, s.163(1) and (3)). Where an accident occurs owing to the presence of a motor vehicle on a road or other public place and a constable reasonably believes that a person was driving, attempting to drive or in charge of the vehicle at the time of the accident, the constable may require that person to co-operate with any one or more preliminary tests (Road Traffic Act 1988, s.6(1) and (5)). A constable may search a person arrested at a place other than a police station if he has reasonable grounds for believing that the arrested person may present a danger to himself or others, and may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence, to the extent reasonably required and only where the constable has reasonable grounds for believing that the person may have concealed such a thing on him (Police and Criminal Evidence Act 1984, s.32(1), (2)(a), (3) and (5)). Entry and search of premises after arrest under s.18 applies only to a person under arrest for an indictable offence and so does not apply to this summary offence (Police and Criminal Evidence Act 1984, s.18(1)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged (Police and Criminal Evidence Act 1984, s.41(1)); the 24 hours run from the relevant time, which in the ordinary case is the time at which the person arrives at the first police station to which he is taken after his arrest (s.41(2)(d)), and a person who is still in police detention and has not been charged at the expiry of 24 hours after the relevant time shall be released at that time, on bail if the pre-conditions for bail are satisfied or without bail if they are not (s.41(7)). The extensions in ss.42 to 44 do not apply to this offence: authorisation of continued detention up to 36 hours by an officer of the rank of superintendent or above (s.42(1)(b)) and a magistrates' court warrant of further detention and any extension of it (ss.43(4)(b) and 44) each require that an offence for which the person is under arrest is an indictable offence, and this offence is triable only summarily (Police and Criminal Evidence Act 1984, ss.42(1), 43(4) and 44(1)).
Source: www.legislation.gov.uk/ukpga/1988/52/section/170