sec.92Duties and liabilities of drivers involved in incidents resulting in injury or death

### sec.92 Duties and liabilities of drivers involved in incidents resulting in injury or death The driver of a vehicle, tram or animal involved on a road or road-related area, or of a motor vehicle involved elsewhere than on a road or road-related area, in an incident resulting in injury to or death of a person must— immediately stop the vehicle, tram or animal; and if a person is injured— remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and if a person is dead or apparently dead— remain at or near the scene of the incident; and exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place. Maximum penalty— if the incident results in the death of or grievous bodily harm to a person—120 penalty units or 3 years imprisonment; or otherwise—20 penalty units or 1 year’s imprisonment. If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months. Despite subsection (1) (b) (i) and (c)(i), the driver may leave the scene of the incident solely for the purpose of— if a person is injured—obtaining medical or other aid for the person; or if a person is dead or apparently dead—arranging for the removal of the person’s body to an appropriate place. If in determining a complaint for an offence against subsection (1) the court is satisfied that the defendant showed a callous disregard for the needs of a person injured in the incident, the court shall impose, as the whole or part of the sentence, a period of imprisonment. A person who reports the happening of an incident mentioned in subsection (1) to the Queensland Police Service knowing the report to be false commits an offence. Maximum penalty—40 penalty units or 6 months imprisonment. In a proceeding for an offence against this section, the incident may be specified by reference to the approximate time and place of the incident or to the person or persons involved or otherwise so as to sufficiently identify it. Nothing in this section shall prejudice or affect the provisions of the Criminal Code or any Act relating to traffic or transport and, notwithstanding an order of disqualification under subsection (2) or for any specified period made under the Penalties and Sentences Act 1992 , section 187 , if a person is convicted of an offence against subsection (1) in relation to an incident and a court subsequently convicts the person on indictment for another offence relating to the incident, the court may, in addition to any sentence the court may impose for the subsequent conviction, order that, from the day of the subsequent conviction, the offender is disqualified absolutely from holding or obtaining a Queensland driver licence. s 92 (prev 1949 13 Geo 6 No. 26 s 31) amd 1957 6 Eliz 2 No. 13 s 5(1) sub 1957 6 Eliz 2 No. 34 s 6 amd 1960 9 Eliz 2 No. 44 s 3; 1961 10 Eliz 2 No. 27 s 14; 1984 No. 102 s 33 ; 1990 No. 103 s 2 .11; 1994 No. 7 s 3 sch ; 1999 No. 42 s 46 , s 54 (1) sch amdts 90–91 reloc 1999 No. 42 s 54 (1) sch amdt 92 amd 2007 No. 36 s 2 sch ; 2014 No. 43 s 92 ; 2018 No. 10 s 51 ; 2024 No. 2 s 57 (sec.92-ssec.1) The driver of a vehicle, tram or animal involved on a road or road-related area, or of a motor vehicle involved elsewhere than on a road or road-related area, in an incident resulting in injury to or death of a person must— immediately stop the vehicle, tram or animal; and if a person is injured— remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and if a person is dead or apparently dead— remain at or near the scene of the incident; and exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place. Maximum penalty— if the incident results in the death of or grievous bodily harm to a person—120 penalty units or 3 years imprisonment; or otherwise—20 penalty units or 1 year’s imprisonment. (sec.92-ssec.2) If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months. (sec.92-ssec.3) Despite subsection (1) (b) (i) and (c)(i), the driver may leave the scene of the incident solely for the purpose of— if a person is injured—obtaining medical or other aid for the person; or if a person is dead or apparently dead—arranging for the removal of the person’s body to an appropriate place. (sec.92-ssec.4) If in determining a complaint for an offence against subsection (1) the court is satisfied that the defendant showed a callous disregard for the needs of a person injured in the incident, the court shall impose, as the whole or part of the sentence, a period of imprisonment. (sec.92-ssec.5) A person who reports the happening of an incident mentioned in subsection (1) to the Queensland Police Service knowing the report to be false commits an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.92-ssec.6) In a proceeding for an offence against this section, the incident may be specified by reference to the approximate time and place of the incident or to the person or persons involved or otherwise so as to sufficiently identify it. (sec.92-ssec.7) Nothing in this section shall prejudice or affect the provisions of the Criminal Code or any Act relating to traffic or transport and, notwithstanding an order of disqualification under subsection (2) or for any specified period made under the Penalties and Sentences Act 1992 , section 187 , if a person is convicted of an offence against subsection (1) in relation to an incident and a court subsequently convicts the person on indictment for another offence relating to the incident, the court may, in addition to any sentence the court may impose for the subsequent conviction, order that, from the day of the subsequent conviction, the offender is disqualified absolutely from holding or obtaining a Queensland driver licence. - (a) immediately stop the vehicle, tram or animal; and - (b) if a person is injured— (i) remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and (ii) make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and - (i) remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and - (ii) make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and - (c) if a person is dead or apparently dead— (i) remain at or near the scene of the incident; and (ii) exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place. - (i) remain at or near the scene of the incident; and - (ii) exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place. - (i) remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and - (ii) make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and - (i) remain at or near the scene of the incident; and - (ii) exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place. - (a) if the incident results in the death of or grievous bodily harm to a person—120 penalty units or 3 years imprisonment; or - (b) otherwise—20 penalty units or 1 year’s imprisonment. - (a) if a person is injured—obtaining medical or other aid for the person; or - (b) if a person is dead or apparently dead—arranging for the removal of the person’s body to an appropriate place.