- Laws of Fiji

Last Updated: 20 March 2009

[LAT 13,335] Accidents63

(1) If a motor vehicle is involved in a motor accident on a public street and this results in death or injury to a person, or damage to another vehicle, or a property of another person or animal, the driver of the vehicle must stop and give any necessary assistance and his or her name and address, the name and address of the owner of the vehicle and the vehicle’s registration number to any person with an interest in any vehicle, property or animal involved in the accident and present at the time of the accident or immediately after the accident.

[subreg (1) am Act 40 of 2017 s 37, effective 1 January 2018]

(2) If, a motor vehicle accident occurs on a public street,—

(a)causing damage to any vehicle, animal or property, and the driver of the motor vehicle does not give his or her name and address in the manner prescribed by subregulation (1); or
(b)causing injury or death to a person or animal,

the driver of the motor vehicle must report the particulars and the circumstances of the accident at a police station or to a police officer as soon as practicable and in any case within 24 hours after the accident.

(3) Notwithstanding subregulation (2), if the driver of the vehicle is incapable, by reason of an injury sustained by him or her in the accident, of reporting the accident as required under subregulation (1), the driver must report or cause a person on his or her behalf to report the accident as prescribed by subregulation (1), as soon as practicable and in any case within 7 days after the occurrence of the accident.

(4) Notwithstanding subregulations (2) and (3), if the driver of the vehicle is incapable, by reason of death or injury sustained by him or her in the accident, of reporting the accident as required by this subregulation, a passenger who is 16 years or over must report or cause a person on his or her behalf to report the particulars and the circumstances of the accident at a police station or to a police officer, as soon as practicable and in any case within 7 days after the occurrence of the accident.

(5) If a motor vehicle accident occurs on a public street and results in injury to any person, other than a passenger in the motor vehicle and the vehicle fails to stop, the person injured must report the particulars and the circumstances of the accident at a police station or to a police officer as soon as practicable and in any case within 24 hours after the accident.

[subreg (5) am LN 51 of 2002 reg 20, effective 6 September 2002]

(6) Notwithstanding subregulation (5), if the person is incapable, by reason of an injury sustained by him or her in the accident, of reporting the accident as required by that subregulation, the person must report or cause a person on his or her behalf to report the accident as prescribed by that subregulation, as soon as practicable and in any case within 7 days after the occurrence of the accident.

[subreg (6) am LN 51 of 2002 reg 20, effective 6 September 2002]

(7) It is a defence if the person obtains a certificate from a medical practitioner stating that he or she was incapable of complying with these requirements in which case he or she must report the particulars and circumstances of the accident to a police station or to a police officer as soon as practicable and in any case within 7 days of being certified by a medical practitioner as being capable of doing so.