Land Transport Act 1998

Additional responsibilities concerning road transport

22: Driver's duties where accident occurs

You could also call this:

"What to do if you have a car accident"

Illustration for Land Transport Act 1998

If you are driving and have an accident, you must stop and check if anyone is hurt. You must help anyone who is injured. You must give your name and address to the police or anyone else involved in the accident if they ask for it. If someone is hurt or killed in the accident, you must tell the police as soon as you can, but no later than 24 hours after the accident. If you damage someone else's property, like a car, you must tell the owner about the accident within 48 hours. You must give the owner your name and address, and the number on your car's registration plate. If you cannot find the owner of the damaged property, you must tell the police about the accident within 60 hours. If you are driving an ambulance or fire engine on the way to an emergency, you can stop and send someone to help if you have an accident. This rule does not apply to trains, except for light rail vehicles.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434540.


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Part 3Additional responsibilities concerning road transport

22Driver's duties where accident occurs

  1. If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—

  2. stop and ascertain whether a person has been injured; and
    1. render all practicable assistance to any injured persons.
      1. The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—

      2. the driver's or rider's name and address; and
        1. the driver’s or rider’s electronic address (if the driver or rider has an electronic address); and
          1. the name and address of the owner of the vehicle; and
            1. the owner’s electronic address (if the owner has an electronic address); and
              1. if the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.
                1. If the accident involves an injury to or the death of a person, the driver or rider must report the accident to an enforcement officer as soon as reasonably practicable, and in any case not later than 24 hours after the time of the accident, unless the driver or rider is incapable of doing so by reason of injuries sustained in the accident.

                2. If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless is incapable of doing so by reason of injuries sustained in the accident), not later than 48 hours after the time of the accident, report to the owner—

                3. the driver's or rider's name and address; and
                  1. the driver’s or rider’s electronic address (if the driver or rider has an electronic address); and
                    1. the number on the registration plates assigned to the motor vehicle; and
                      1. the location of the accident.
                        1. If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident to an enforcement officer as soon as practicable and in any case within 60 hours after the time of the accident.

                        2. If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.

                        3. Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.

                        4. This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle.

                        Compare
                        Notes
                        • Section 22(2)(aa): inserted, on , by section 5(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(2)(ba): inserted, on , by section 5(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(3): amended, on , by section 5(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(3): amended, on , by section 124(2) of the Policing Act 2008 (2008 No 72).
                        • Section 22(4): amended, on , by section 5(4)(a) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(4): amended, on , by section 5(4)(b) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(4)(aa): inserted, on , by section 5(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                        • Section 22(5): amended, on , by section 124(3) of the Policing Act 2008 (2008 No 72).
                        • Section 22(8): added, on , by section 103(3) of the Railways Act 2005 (2005 No 37).