Section 140: Duty of driver in case of accident

140. Duty of driver in case of accident (1) Where owing to the presence of a motor vehicle on a road, an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall— (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, stop his vehicle and remain at the scene of the accident until he has complied with paragraphs (b) and (c); (b) take all reasonable steps to render reasonable assistance to any person injured in the accident and, if necessary, arrange for the conveyance of the person to the nearest hospital for medical treatment, unless the injured person or his guardian, in case he is a minor, desires otherwise; (c) if required to do so by any person having reasonable grounds for so requiring, give— (i) his name and address; (ii) the name and address of the owner of the vehicle driven by him; and (iii) the registration mark of the motor vehicle; (d) if he has not already furnished the information referred to in paragraph (c) to a police officer at the scene of the accident, and unless he is incapable of doing so by reason of injuries sustained by him in the accident, report the accident at the nearest police station or to a police officer, as soon as is reasonably practicable, and in any case within one hour after the occurrence of such accident and there produce his driving licence and furnish such other information as may be required of him; (e) report the accident to his insurer as soon as is reasonably practicable, and in any case not later than 24 hours of the start of the insurer’s next working day. [Issue 9] R27 – 116 Revised Laws of Mauritius (2) Subject to subsections (3) and (4), where, owing to the presence of a motor vehicle on a road, an accident occurs in consequence of which any person is killed or injured or damage is caused to any vehicle or structure, no person shall, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or do any other act so as to destroy any evidence of the accident. (3) Where an accident causes complete obstruction of a road, any vehicle involved may, without the authority specified in subsection (2) and after its position has been clearly marked on the surface of the road by any person moving it, be moved sufficiently to allow the passage of traffic. (4) Where a person is seriously injured in an accident and there is no suitable means of transport other than the one involved in the accident, such vehicle may, after its position has been clearly marked on the surface of the road by any person moving it, be used to convey the injured person to a hospital. (5) If any person fails to comply with this section, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 3 years. (6) Where a person wilfully and fraudulently marks a position other than the true position of a vehicle involved in an accident under subsection (3) or (4), he shall commit an offence and shall, on conviction, be liable to imprisonment for a term of not less than 3 months nor more than 2 years. (7) In any prosecution for a contravention of any provision of this section, it shall be presumed, until the contrary is proved, that the accused was aware of the fact that the accident had occurred, and that he did not report the accident or furnish the information as r than the true position of a vehicle involved in an accident under subsection (3) or (4), he shall commit an offence and shall, on conviction, be liable to imprisonment for a term of not less than 3 months nor more than 2 years. (7) In any prosecution for a contravention of any provision of this section, it shall be presumed, until the contrary is proved, that the accused was aware of the fact that the accident had occurred, and that he did not report the accident or furnish the information as required by subsection (1) (d) or (e). (8) Where any person, at the time he is required to produce his licence under subsection (1) (d), undertakes in writing to produce, and produces in person, his driving licence within 5 days at the police station specified in subsection (1) (d), he shall not commit an offence. [S. 140 repealed and replaced by s. 10 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 9 and 10 of Act 23 of 2016 w.e.f. 8 December 2016.]