In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
In many jurisdictions, there may be additional obligations such as to exchange information about one's financial responsibility (including any applicable insurance); to summon emergency services if they are needed; or to render any reasonable assistance to those who are injured or in peril ("duty to rescue" laws). There may also be requirement to leave a note containing pertinent information if the property owner is not present.[ citation needed ]
Hit-and-run laws were among the earliest traffic laws to be enacted after the invention of motor vehicles; they arose from the difficulties that early traffic collision victims faced in identifying perpetrators and bringing them to justice. Apart from the obvious ability of an automobile to flee the scene quickly (if still driveable), roads were unpaved and hence quite dusty, vehicles at the time did not have license plates, and drivers wore large goggles and dusters which effectively rendered them anonymous. [1]
Legal consequences of a hit and run may include the suspension or cancellation of one's driver's license; lifetime revocation of a driver's license is possible in certain jurisdictions. It is frequently considered a criminal offense, which can be punished by fines and imprisonment. Insurance companies often raise the insurance costs or even void the policies of drivers involved in this offense.
Attempts to understand the mental state of the hit and run driver began soon after the offense became codified, in a paper titled "The Feebleminded Motorist" (1942) [2] and has been explored again in an article titled "The Psychology of Hit and Run" (2008). [3]
Under Australian law, a driver involved in a crash must stop at the scene and give their information to all other drivers involved and anyone injured, as well as the owner and driver of any property damaged, and a police officer if:
The demerit point system is used for the commission of traffic offences in Australia; for each offence committed, a certain number of points are given, and the accumulation of points can lead to fines and license suspension or revocation. [5] When a driver fails to stop at the scene and provide the required information to the necessary people, he or she is guilty of a hit and run, which carries a maximum penalty of 20 points.
In Bangladesh, according to The Vehicles Act, 1927, the person in charge of a vehicle shall cause the vehicle to stop and to remain stationary so long as may be reasonably be necessary. [6]
According to Road Transport Act, 2018, [7] all licenses will be carrying 12 points. Nine types of traffic violations—such as speeding or excessive honking—will result in a point being awarded to a license. If a license reaches 12 points, it will be revoked. [8] In this Act, Section 105 of 11th chapter states no matter what, if anybody gets seriously injured or killed in a hit-and-run or any kind of motor vehicle-related crash, it would be considered as an offence under the relevant sections of the Penal Code, 1860. [9] This ranges from Section 302 to 304B, with the maximum punishment being a death sentence. The offences that fall under section 105 of the Act are not eligible for bail.
Hit and run is defined in Canada as failure to stop at the scene of a crash under the Criminal Code [10] and is subject to a penalty of up to 5 years in prison. [11] If bodily harm or death is caused in the crash and the prosecution can prove that the accused was aware of the bodily harm or death, the maximum penalties are up to 10 years in prison or up to life imprisonment, respectively. [12]
For a person to be convicted of failure to stop at the scene of an crash, the prosecution must prove that the accused was aware of the crash, the accused voluntarily failed to stop and render assistance and the intent for failing to stop was to evade civil or criminal liability. While the prosecution bears the traditional criminal burden of proof beyond a reasonable doubt, the accused is presumed to have intended to evade civil or criminal liability if the prosecution can prove the other elements of the offence. [13] This reverse onus has been held to be a justified limit under section 1 of the Canadian Charter of Rights and Freedoms. [14] [15]
Canadians are also required to provide their name, address and license number in writing according to the Sec. 252 (1) of the Criminal Code. Depending on the provincial law other pieces of information may be requested such as insurance number and license plate. Car Insurance is mandatory in Canada. [16]
If the accused is also convicted of other offences in relation to the crash, then courts will often make the sentence for hit and run consecutive to the penalties for the other offences,[ citation needed ] the rationale being that hit and run is often committed with the intent of evading criminal or civil liability.
Article 101 of the Road Traffic Safety Law of the People's Republic of China provides that in a major crash, a hit and run results in revocation of the offender's driving license, and up to a lifetime ban from obtaining one again.
Article 133 of the Criminal code as of 1997 provides that hit and run after an incident resulting in death, grievous bodily harm or major property damage is punishable with 3 to 7 years' imprisonment, and fixed-term imprisonment of 3 to 7 years if there was an attempt at escaping the scene of crash or is involved in other especially flagrant circumstances, and fixed-term imprisonment of not less than 7 years if the act of attempted escape results in death. [17]
Where, owing to the presence of a vehicle on a road, a crash occurs whereby-
Anyone who has caused a traffic crash, or contributed to it, has the duty to identify themselves to the victims or to other contributors. If the victim is not present (such as in the case of damage of a parked car) the one who caused the crash has to wait a certain time. If the victim does not appear, he has to report the crash at the next police station without delay. Violation of these rules ("illicit leaving of the scene of a crash") is punishable with prison up to three years or a fine (section 142 of the Strafgesetzbuch ). [19]
Different in that it applies not only to those directly involved in a crash, section 323c states that anyone who fails to provide necessary help in an emergency can be punished with prison up to one year or a fine. This applies only if providing help is a "reasonable burden" – when it can take place "especially without putting yourself in substantial danger or neglecting other important duties". Not being explicitly asked to help is not an acceptable reason not to do so. In a traffic crash, for example, the actions expected would be securing the site against follow-up crashes, calling emergency services, and providing first aid to your ability until professional help arrives.
The Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code (IPC), has a provision under Section 106 (2) that attracts punishment of up to 10 years for drivers and a fine of Rs 7 lakh or $8,400 who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration. [20]
Abandoning the victim of a crash can lead to a fine or imprisonment for up to 3 years. [21]
A driver's duties in the event a motor vehicle crash is outlined in section 22 of the Land Transport Act 1998. Section 22(1) states that drivers involved in a crash must stop and ascertain whether a person has been injured, and must render all practicable assistance to any injured persons. Section 22(2) through 22(5) set out the requirements to supply driver, owner and vehicle details to police, other involved drivers and affected property owners. [22]
If a driver leaves the scene of an crash in contravention of section 22(1), the driver is liable for up to 3 months' imprisonment or a NZ$4,500 fine, and must be disqualified from driving for a minimum of 6 months. [23] If a person is injured and killed, the penalty increases to up to 5 years' imprisonment or a NZ$20,000 fine, and the mandatory disqualification increases to a minimum of 12 months. [24]
Hit-and-run is outlined in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes. There are two sections to this Act.
If the driver runs away after killing or causing the death of a victim, Section 1 proscribes the minimum sentence as five years in prison (with a possible 5 million-30 million won fine) with the maximum being life imprisonment.
If the driver removes the victim from the crash scene and runs away after abandoning the victim, Section 2 proscribes a minimum of three years imprisonment if the victim survives. If the victim dies, the penalty is either life imprisonment or the death penalty. [25]
Article 62 of the Act Governing the Punishment of Violation of Road traffic Regulations proclaimed on 28 December 2005 and effective on 1 July 2006 provides the following administrative penalties:
Section 1: Without personal injury and death, hit-and-run drivers of motor vehicles are subject to administrative fines of 1000 to 3000 new Taiwan dollars and suspension of their driver licenses for 1 to 3 months.
Section: 4: With minor personal injury, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for 1 year pursuant to Section 3 of Article 67. With serious personal injury or death, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for lifetime pursuant to Section 1 of Article 67, but Article 67-1 allows a possible waiver after serving the revocation for 12 years if the revocation involved personal death, or 10 years if involving serious personal injury.
With personal injury or death, hit-and-run drivers of motor vehicles are also subject to imprisonment of 6 months to 5 years pursuant to Article 185-4 of the Criminal Code of the Republic of China. Although committing a hit and run is illegal, the crime is seldom prosecuted on Taiwan. Drunk driving has a much more severe penalty so drunk drivers involved in crashes rarely stop to be tested.
On 13 September 1991 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 284 considered that revoking a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China. [26]
On 19 October 2001 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 531 further considered that lifetime revocation of a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China. However, this Interpretation also suggested relevant authorities in charge to reconsider the lifetime revocation and consider reinstatement for rehabilitated drivers. [27]
The Road Traffic Act 1988 requires a driver to stop if a crash has occurred due to the presence of their vehicle that results in injury to another person, livestock animal, dog, or damage to another's property. The driver must then give their name and address at the scene to anyone reasonably requiring it, and if there has been an injury to another person, they must produce their certificate of insurance to anyone reasonably requiring it. Anyone failing to stop or provide such details must report the incident in person to a police station or police constable as soon as practicable, and in all cases within 24 hours. [28] [29]
Failing to stop, and failing to report, carry a maximum sentence of 6 months in imprisonment, a £5000 fine and a driving ban. [30]
The penalties (and the definition) of hit-and-run vary from state to state in the United States. [31] For example, in Virginia, the crime is a felony if the crash causes death, injury, or damage to attended property in excess of a certain dollar amount; otherwise, it is a misdemeanor. [32] In California, the crime can be an infraction, a misdemeanor, or a felony depending on whether there is property damage or bodily injury. [33]
In Texas, the crime is a third degree felony if the collision involves a fatality or serious bodily injury. Collisions causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years, or confinement in the county jail for not more than one year, a fine not to exceed $5,000, or both. Collisions causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and collisions causing less than $200 in total damages are a class C misdemeanor. [34]
In New York, leaving the scene of an incident without reporting it is a traffic infraction, and if personal injury is involved, then it becomes a misdemeanor. [35] There are also significantly higher fines if an animal is injured in the hit and run crash. [36]
In Arizona, if you're involved in a hit-and-run and don't stick around to exchange information, you could face either a misdemeanor or felony charge. Hit-and-runs that resulted in property damage only could lead to 30 days of jail time or one year’s probation and a $500 fine. [37]
An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.
Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, piracy, aircraft hijacking, and genocide.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
Road rage is aggressive or angry behavior exhibited by motorists. These behaviors include rude and verbal insults, yelling, physical threats or dangerous driving methods targeted at other drivers, pedestrians or cyclists in an effort to intimidate or release frustration. Road rage can lead to altercations, damage to property, assaults, and collisions that result in serious physical injuries or even death. Strategies include cutting motorists off, inappropriate honking, using obscene gestures, flipping off another driver, swerving, tailgating, brake checking, and attempting to fight.
Attempted murder is a crime of attempt in various jurisdictions.
A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation, with the ticket also being referred to as a parking citation, or parking ticket.
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
Causing death by dangerous driving is a statutory offence in England and Wales, Scotland and Northern Ireland, as well as Hong Kong. It is an aggravated form of dangerous driving. In the UK, it was created by section 1 of the Road Traffic Act 1988, and in Hong Kong it was created by section 36 of the Road Traffic Ordinance.
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court.
Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.
In United States law, reckless driving is a major moving violation related to aggressive driving that generally consists of driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention, and is often punishable by fines, imprisonment, or the suspension or revocation of one's driver's license. In Commonwealth countries, the offense of dangerous driving applies.
Most seat belt laws in the United States are left to the state or country’s law. However, the recommended age for a child to sit in the front passenger seat is 13. The first seat belt law was a federal law, Title 49 of the United States Code, Chapter 301, Motor Safety Standard, which took effect on January 1, 1968, that required all vehicles to be fitted with seat belts in all designated seating positions. This law has since been modified to require three-point seat belts in outboard-seating positions, and finally three-point seat belts in all seating positions. Seat belt use was voluntary until New York became the first state to require vehicle occupants to wear seat belts, as of December 1, 1984. New Hampshire is the only state with no law requiring adults to wear seat belts in a vehicle.
In India, a driving licence is an official document that authorises its holder to operate various types of motor vehicles on highways and some other roads to which the public has access. In various Indian states, they are administered by the Regional Transport Authorities/Offices (RTA/RTO). A driving licence is required in India by any person driving a vehicle on any highway or other road defined in the Motor Vehicles Act, 1988. This act sets limits on the minimum age for vehicle operation ranging from 16 to 20, depending on specific circumstances. A modern photo of the driving licence can also serve many of the purposes of an identity card in non-driving contexts, such as proof of identity or age.
In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code has equivalent provisions covering dangerous driving.
Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.
The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.
The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.
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