Failing to stop after a collision under section 146 of the Road Transport Act 2013 carries serious penalties, and becomes far more serious where injury or death is involved.
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Under section 146 of the Road Transport Act 2013 (NSW), a driver involved in an impact must stop and, where practicable, provide their details or render assistance. Where the impact involved property only, the matter is usually dealt with by a fine or a short term of imprisonment in the Local Court, but where the collision caused injury or death, the maximum penalty rises sharply and the matter is treated far more seriously.
Section 146 of the Road Transport Act 2013 (NSW) imposes a duty on a driver involved in a vehicle impact to stop as soon as it's safe to do so, exchange particulars with anyone affected, and render assistance where the impact caused injury. This duty applies whether the impact was with another vehicle, a pedestrian, an animal, or property such as a fence or parked car.
The prosecution must prove you knew, or ought reasonably to have known, that an impact had occurred — this is often the central issue, particularly for minor scrapes at low speed, in car parks, or in poor visibility, where a driver may genuinely not have realised contact was made.
These charges frequently arise well after the actual collision, once police piece together CCTV, dashcam footage from other road users, paint transfer, or witness descriptions of a vehicle. Because of that time lag, the evidence connecting you to the vehicle, and what you actually knew at the time, often becomes the real focus of the case.
A driver involved in an impact occasioning the death of, or injury to, another person must stop and give any assistance that may be necessary and that it is practicable for the driver to give.
— Section 146, Road Transport Act 2013 (NSW)
Where the impact causes death or serious injury and there's evidence the driver knowingly left the scene, police will also consider whether more serious charges under the Crimes Act 1900 (NSW), such as dangerous driving occasioning death or grievous bodily harm, are appropriate in addition to the failure to stop.
Charged with dangerous or negligent driving arising from the same incident? See our dangerous driving lawyers Sydney page.
| Circumstance | Demerit Points | Where Dealt With | Notes |
|---|---|---|---|
| Impact with property only | 3 points | Local Court, or penalty notice for minor cases | Fine or short imprisonment term available; fine amount indexed annually |
| Impact causing injury | 3 points | Local Court | Higher fine and imprisonment exposure than a property-only incident |
| Impact causing death or grievous bodily harm | 3 points | Local or District Court | Substantially higher maximum imprisonment; additional Crimes Act charges may apply |
The single biggest factor in sentencing for this offence is whether the driver knew someone was injured and left anyway. A genuine, provable lack of awareness that any impact occurred is treated very differently from knowingly leaving an injured person at the scene.
Because knowledge of the impact is a central element, there is often genuine scope to defend these charges. Our lawyers may raise:
If you genuinely didn't know, and had no reasonable basis to know, that a collision had occurred — for example, a very minor contact at low speed — this can defeat the charge entirely.
Leaving a note with your details when no one was present, or stopping briefly before being unable to remain due to a genuine emergency, may satisfy the legal requirements even if it doesn't look that way at first glance.
Where identification relies on partial CCTV, a vague description, or circumstantial vehicle-matching evidence, this can be challenged, particularly for charges laid well after the incident.
In rare cases, leaving the scene may be legally justified where remaining posed a genuine, immediate danger to your own safety.
These matters are frequently investigated after the fact, which changes how the process unfolds compared to an offence detected in the moment.
Police review CCTV, dashcam footage from other drivers, and vehicle damage evidence to identify the driver and vehicle involved, which can take days or weeks.
Once identified, you are issued a Court Attendance Notice requiring you to appear at a Local Court, rather than being charged at the roadside.
Your lawyer reviews all available evidence to assess what can genuinely be proven about your knowledge of the impact and your identification as the driver.
Depending on the strength of the evidence, your matter proceeds either as a guilty plea with strong mitigation, or a defended hearing before a Magistrate.
Outcomes range from a fine or Conditional Release Order for a minor property-only incident, through to imprisonment for cases involving death or serious injury.
Failing to stop charges can escalate quickly once injury is involved, and the difference between a fine and a term of imprisonment often comes down to how well the evidence of your knowledge and conduct is tested.
We examine CCTV, dashcam and vehicle-matching evidence used to identify you as the driver involved.
We build the case around what you genuinely knew at the time, which is central to whether the offence is made out.
We offer transparent, fixed-fee representation for failing to stop matters, so the cost of your defence is always clear.
Contacted by police about a collision? We are always available for urgent advice before you say anything further.
Also facing a dangerous or negligent driving charge from the same collision? See our dangerous driving lawyers Sydney page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
